Legal Question in Civil Litigation in Missouri

Re: Circuit Court can only pay small claims amount?

The attorney is wrong. You CAN increase your damages, based on the facts you have provided. Refer the attorney to Section 482.365 of the Missouri Revised Statutes, which states, "Notwithstanding any other provisions of law to the contrary, if the defendant applies for a trial de novo pursuant to this section, the plaintiff shall be allowed to amend the petition to state a claim which is within the jurisdictional limit of the circuit court."

Also keep in mind, if the defendant has not filed a bond to cover the cost of the judgment in small claims court, you can go ahead and proceed with execution on the small claims judgment (i.e. - garnishment of bank accounts, wages, etc...) Execution of the small claims judgment is not stayed unless the defendant files a bond.

Good luck with the case.

Re: Circuit Court can only pay small claims amount?

The lawyers on the other side are wrong. They should have Shepardized their case.

In 1993 the statute (462.365) was amended. The text of the statute follows:

482.365. Small claim judgment not lien on real estate--trial de novo, how perfected--duty of clerk--recognizance required, when--procedure

1. No judgment of a small claims court shall be a lien on real estate.

2. Any party aggrieved by any final judgment rendered by a small claims court in a small claims proceeding, except a judgment by consent, may have a trial de novo. The right to trial de novo shall be perfected by filing an application for trial de novo with the clerk of the small claims court within ten days after the judgment is rendered. A copy of same shall be mailed by the clerk to the opposing party or his attorney of record or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered, but no application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the small claims court judge, within the time prescribed for filing the application for trial de novo, enter into a recognizance before the small claims court judge, to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment is given against him, he will pay such judgment, and that, if his application for trial de novo is dismissed, he will pay the judgment rendered by the small claims court judge, together with the costs. The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of the parties the case may be tried by a jury of not less than six persons. On an application for a trial de novo from a judgment of a small claims court, if the defendant is the applicant, the plaintiff shall not be required to give security for costs. Costs shall be assessed as in other cases heard in circuit court. Notwithstanding any other provisions of law to the contrary, if the defendant applies for a trial de novo pursuant to this section, the plaintiff shall be allowed to amend the petition to state a claim which is within the jurisdictional limit of the circuit court.

3. The division or deputy clerks serving a small claims court judge shall assist judgment creditors in actions authorized in sections 482.300 to 482.365 in the preparation of forms, available from the clerk, necessary to obtain satisfaction of a final judgment where no application for trial de novo is pending.

In other words, you can amend your petition by leave of court to state a claim for the full amount as provided by statute.

Good luck