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Can I take to small claims court

MissouriMechanics Lien
Anonymous Subcontractor

Nonpayment. Job completed. Need paid.

1 reply

Yes, you may file suit in small claims court in Missouri for up to $5000, excluding interest and court costs. Your local circuit court will have the forms. Small claims court is relatively informal. A problem with a trial in small claims, however, is that either side may file a request for a trial de novo (a do-over). During the trial de novo, the rules of civil procedure apply. In addition, any party that is a business must be represented by counsel in the trial de novo. Another problem with a small claims judgment is that it cannot be made a lien on real estate, unlike judgments from cases initially filed in the associate circuit division.

Assuming you prevail in court, you will need to collect the judgment, such as through garnishments. It is not the court's job to collect your judgment.

I am sorry that you did not get paid for your work and hope this answer provides guidance.

 

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