Legal Question in Credit and Debt Law in Missouri

Where to file small claim when defendant lives out of state?

A friend an I paid an outfitter $300 each to book a pheasant hunt in South Dakota. The outfitter double booked the weekend we sought so we are not able to go. The outfitter lives in South Dakota, but the transaction took place at the Sports Show in Kansas City Missouri. After repeated phone calls, the outfitter refuses to refund our money. Where should I file, in small claims court, to obtain judgement against the outfitter? Would I also be able to recover long distance charges for the calls, travel time if we have to go to S.D. to court, motels, etc?


Asked on 11/14/03, 1:27 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Where to file small claim when defendant lives out of state?

If the cause of action arose in Kansas City (Jackson County) at the Sports Show, then the proper court is the Associate Circuit Court (Small Claims Division) of Jackson County.

The jurisdictional limit is $3000, so you can't recover more than $3000 in SCC. However, assuming that your damages are less than $3000, that is the place to file.

Out of state service is usually handled by mail. You will need the proper legal name of the outfitter, which you should be able to get from the Secretary of State of South Dakota. You'll need that information to sue. So get it before you even go downtown.

Make sure you keep a copy of the check you used to pay for the weekend, as it will give you a bank account #. That's important because just having a judgment doesn't do you any good. You have to collect it, and that means (in most cases) having the court issue execution papers which are then used to garnish the bank account.

Good luck.

Read more
Answered on 11/14/03, 1:41 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri