Legal Question in Civil Litigation in Missouri

Re: Limitations on recovery of un-returned funds

The limit in small claims court is $3,000, but you have to have evidence that supports your damages claim. Here you would likely get a judgment for the $400, the shipping, and the costs of your action.

You cannot file for three times the amount of the check, but you could bring an action for punitive damages under Chapter 407, RSMo. (Missouri statutes are available on line, and the key section is 407.020). Whether you would get this in Small Claims Court is hard to say.

In Missouri, a SCC judgment is not a lien on real estate, but can be used to garnish a bank account. If you have the copy of the cancelled check you can see where your check was deposited and after you get your judgment, you can garnish that account.

I assume you've sent a certified letter to the company. If not, that would be my first approach. If they do not respond in 10 days, then you can sue them in SCC. You'll need to go to the Missouri Secretary of State's website and find out who their registered agent for service of process is, as you'll need this information. You should be able to complete the paperwork by mail, but you'll need to appear in order to get a judgment.