Mississippi Small Claims Court: $3,500 Limit, Fees and How to File

In Mississippi, small claims cases are heard in justice court, and the limit is $3,500. Under Miss. Code Ann. 9-11-9, justice court judges hear actions to recover debts, damages or personal property "where the principal of the debt, the amount of the demand, or the value of the property sought to be recovered shall not exceed Three Thousand Five Hundred Dollars ($3,500.00)." The figure dates to a 2008 amendment (Laws 2008, ch. 319), and bills to raise it failed again in 2026.

Mississippi does not have a separate small claims court or division. Each county's justice court handles these cases under the Rules of Justice Court, and circuit and county courts hear larger claims. This guide walks through a Mississippi justice court civil case from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil cases in Mississippi justice courts under Miss. Code Ann. 9-11-9 and Rules 11 through 27 of the Mississippi Rules of Justice Court, which "shall only be applicable to civil cases," with the justice court fee statute (Miss. Code Ann. 25-7-25). It does not cover evictions, criminal cases in justice court, cases in county or circuit court, or small claims in other states.

Mississippi small claims limit: $3,500

The justice court limit covers three kinds of civil cases, all capped at $3,500 under Miss. Code Ann. 9-11-9:

The statute measures debts by their "principal." It does not say in so many words whether interest and court costs count toward the $3,500, so ask the clerk if your claim is close to the line. The Rules of Justice Court we reviewed also do not address splitting a claim or giving up the amount over $3,500 to stay in justice court. If your losses are larger, talk to the clerk or a lawyer before you file.

Bills to raise the limit have died

You may see websites say Mississippi's limit is $5,000 or more. That is not the law. The Mississippi Legislature's own records show these bills failed:

The $3,500 figure appears as present law in the 2026 text of HB 876, which shows it struck and replaced by $5,000; because the bill died, $3,500 remains in effect.

What you can sue for and who can sue

Justice court civil jurisdiction covers suits to recover debts, damages or personal property within the limit (Miss. Code Ann. 9-11-9). Some actions follow special rules. The Rules of Justice Court say "the following civil actions require a sworn complaint," listing evictions, replevin (recovering specific property), distress for rent, and unlawful entry and detainer.

For a child or a vulnerable adult, the Rules provide that "the judge may appoint a guardian ad litem who is an attorney to represent an infant or a vulnerable person."

Every claim also has a filing deadline. Check the Mississippi statute of limitations for your type of claim. If your dispute is over a security deposit or repairs, Mississippi landlord-tenant laws explains the underlying rules.

Before you file

The Rules of Justice Court we reviewed do not require a demand letter or mediation before you file. A written demand that you keep a copy of is still worth sending, because it can settle the dispute and shows the judge you tried.

How much it costs to file

Mississippi sets one statewide justice court fee for civil cases. Under Miss. Code Ann. 25-7-25, the clerk charges "a uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as hereinafter stated, each.... $25.00."

Pay these fees to the clerk in advance. Under Miss. Code Ann. 9-11-10, the court has no jurisdiction over the case until the costs are deposited. The fee for service by a constable, sheriff or process server is taxed as costs up to the amount set by statute (RJC 14(n)); ask the clerk what it will be in your county. If you serve an out-of-state defendant by certified mail, the postage is taxed as costs.

Dated versions of the fee statute. Section 25-7-25 is written in dated versions (until June 30, 2027; July 1, 2027 to June 30, 2028; and after July 1, 2028). Under current law each version sets the civil fee at $25; bills to raise it died in 2024, 2025 and 2026.

Fee waiver. We did not find a rule that waives the justice court filing fee for a plaintiff who cannot afford it. Ask the clerk whether the court accepts a poverty affidavit for filing.

Lawyers and business representation

Lawyers can appear in justice court. The Rules of Justice Court refer to attorneys of record and to the plaintiff's attorney on the summons, and Rule 19 says: "An attorney who has made an entry of appearance may not withdraw from the case except with the permission of the court."

The Rules we reviewed do not say whether a corporation or LLC must appear through a lawyer or may send an owner or employee. Ask the clerk before a business files or defends a case. If the case is appealed to county or circuit court, a corporation that is a plaintiff there must be represented by a Mississippi-licensed attorney (Uniform Civil Rule 1.06).

Where to file

We did not verify Mississippi's statutory venue rule for justice court civil suits. The Rules of Justice Court send the summons to the constable of the county where the defendant has a usual place of abode or, for a business, its place of business, so the defendant's county is the usual starting point. Ask the justice court clerk which county is proper for your case before you file.

Serving the defendant

The clerk issues the summons, and the Rules of Justice Court set a sequence for service (RJC 14):

• Constable. The constable of the defendant's county serves the papers and files a return within 10 days.
• Sheriff. If the constable's return is not filed, the clerk can direct the sheriff to serve.
• Process server. If the constable has not returned the process, you may make a written request for service by a process server who is at least 18 and not a party.
• Certified mail. Only for a defendant located outside Mississippi, on your written request; the envelope is marked "Restricted Delivery" for an individual, and the return receipt is due within 20 days.

Personal delivery comes first. If that fails, the papers can be left with a family member over 16 at the defendant's home, plus a copy sent by first-class mail; that service is complete on the 10th day after mailing. Posting at the home, plus mailing, is the last option.

Service has a deadline: "The justice court judge may dismiss without prejudice any action where, without good cause, it appears from the court file that service of process has not been made upon the defendant within one hundred and twenty (120) days after the filing of the complaint."

If you are the defendant

The summons states the date and time you must appear to defend. The Rules of Justice Court we reviewed set no separate deadline for a written answer, so read the summons carefully and be in court on that date. As the Federal Trade Commission warns, "Don't ignore a lawsuit, or you might lose the chance to fight a court order."

Counterclaim. Counterclaims and setoffs are liberally allowed. A large one, though, cannot stay: "The judge shall dismiss without prejudice any counterclaim that exceeds the jurisdictional limits of justice court" (RJC 16). Not raising a counterclaim in justice court does not stop you from suing on it later.

Jury trial. Under Miss. Code Ann. 11-9-143, "On or before the return day of the process either party may demand a trial by jury." A justice court jury has six members (RJC 9).

Default. "If the defendant has been given proper notice of the date and time of trial but fails to appear, and the plaintiff appears, then the judge may enter a default judgment against the defendant" (RJC 23(a)). The judge enters it only if there is a factual basis for the claim, and the judgment cannot differ in kind from or exceed what the plaintiff demanded. If the plaintiff does not appear, the case is dismissed without prejudice. Before any default judgment, federal law requires the court to have the plaintiff file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931).

Setting aside a default. Rule 23(e) says: "Unless an appeal has been perfected pursuant to these rules, a party may request the court to set aside a default judgment." The judge weighs the reasons for the default, whether you have a defense with merit, and any prejudice to the other side, and may stay collection until the hearing. The rule sets no fixed day count, so act quickly. The Administrative Office of Courts' sample forms include a Motion to Set Aside Default Judgment.

The hearing

The justice court judge hears the case, or a six-person jury if one was demanded. To make a witness come to court, give the clerk a signed and dated written request for a subpoena reasonably before the trial date (RJC 21). The Rules provide for appointing an interpreter (RJC 8).

Bring the contract, receipts, repair estimates, photos, texts and emails, with copies for the judge and the other side, along with any witnesses who saw what happened.

Appeals

Rule 27 of the Rules of Justice Court governs appeals and sends them through the Uniform Civil Rules of Circuit and County Court (Rules 5.01, 5.04 and 5.07 to 5.09) and the appeal statutes. The justice court fee schedule lists a $5 fee for an appeal "with proceedings and bond," so the appeal involves a bond.

Either party may appeal. The appeal is a new trial (trial de novo), heard in county court in counties that have one and otherwise in circuit court (Miss. Code Ann. 11-51-85; Uniform Civil Rule 5.01). The deadline is unsettled on paper. Section 11-51-85 says the appeal must be "demanded and bond given within ten (10) days after the rendition of the judgment," while Uniform Civil Rule 5.04, which RJC 27 adopts, allows "thirty (30) days of the entry of the order or judgment" to file a written notice of appeal and pay costs with the circuit court clerk. We do not know which a court would apply in your case, so act within 10 days to protect your appeal.

The statutory bond is double the judgment (or double the value of the property) plus costs, and at least $100. A defendant who cannot afford the bond may appeal on an affidavit of poverty, but that appeal does not stop collection of the judgment. Once an appeal is perfected, you can no longer ask the justice court to set aside a default (RJC 23(e)). A lawyer can help you decide quickly whether to appeal.

Collecting your judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you. The Rules of Justice Court build in a short wait: "Unless authorized by law, no post-judgment action shall be instituted upon a judgment until expiration of ten (10) days after its entry."

After that, the Administrative Office of Courts' sample justice court forms include the main collection tools:

• Suggestion for Garnishment and Writ of Garnishment, to reach wages or money a third party such as a bank or employer holds for the debtor.
• Writ of Execution, directing an officer to levy on the debtor's property.
• Writ of Examination of Judgment Debtor, to question the debtor under oath about income and assets.
• Abstract of Judgment.

After the judgment is enrolled, each levy of execution, attachment or garnishment proceeding costs $15 under Miss. Code Ann. 25-7-25. Mississippi protects some wages and property from collection; see Mississippi debt collection laws for the state exemptions. Federal law also protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)) and VA benefits from creditors' claims (38 U.S.C. § 5301(a)(1)).

A judgment on a contract bears interest at the contract rate; other judgments bear interest at a yearly rate the judge sets, from a date the judge finds fair but not before the complaint was filed (Miss. Code Ann. 75-17-7). The Administrative Office of Courts' garnishment form tells employers that wages are fully exempt for 30 days after the writ is served and that 75% stays exempt after that.

How long a justice court judgment lasts, how to renew it, and how it becomes a lien are outside the sources we verified for this page. Ask the clerk or a lawyer before a judgment gets old.

Forms and court help

• The Mississippi Rules of Justice Court set out service, defaults, counterclaims, juries and post-judgment timing.
• The Administrative Office of Courts publishes sample justice court civil forms, including the motion to set aside a default judgment and the garnishment and execution forms.
• Your county justice court clerk can tell you local service fees and how the court handles filing.

Related

• Small claims court by state
• Mississippi statute of limitations
• Mississippi debt collection laws
• Mississippi landlord-tenant laws
• Alabama small claims court
• Louisiana small claims court

Disclaimer: This article provides general legal information about civil cases in Mississippi justice courts under Miss. Code Ann. 9-11-9, Miss. Code Ann. 25-7-25 and the Mississippi Rules of Justice Court, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your county justice court clerk, a legal aid office, or a lawyer licensed in Mississippi.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Mississippi?

$3,500. Mississippi has no separate small claims court; justice court hears suits for debts, damages or personal property where the principal, demand or property value does not exceed $3,500 (Miss. Code Ann. 9-11-9).

Did Mississippi raise the small claims limit to $5,000?

No. HB 876 (2026), which would have raised the justice court limit to $5,000, died in committee on February 3, 2026, and the 2025 bills to raise it also died. The limit remains $3,500.

How much does it cost to file in Mississippi justice court?

A uniform $25 fee for a civil case, contested or not, under Miss. Code Ann. 25-7-25, plus $5 per defendant for service when there is more than one defendant. Each dated version of the statute, including those for July 2027 and later, sets the civil fee at $25 under current law.

Can I have a lawyer in Mississippi justice court?

Yes. Lawyers appear in justice court, and Rule 19 of the Rules of Justice Court governs when an attorney of record may withdraw.

Can I get a jury trial in Mississippi justice court?

Yes. Either party may demand a jury on or before the return day of the process (Miss. Code Ann. 11-9-143), and the jury has six members (RJC 9).

What happens if my counterclaim is more than $3,500?

The judge dismisses it without prejudice (RJC 16), so you can file it in a court that can hear the larger amount. Not raising it in justice court does not bar a later suit.

Can a default judgment be set aside in Mississippi justice court?

Yes, unless an appeal has been perfected, a party may ask the court to set it aside (RJC 23(e)). The judge weighs the reasons for the default, the merit of the defense and prejudice to the other side.

How soon can I collect a Mississippi justice court judgment?

Not until 10 days after the judgment is entered, unless the law authorizes earlier action. After that, garnishment, execution and a judgment debtor examination are available; the court does not collect for you.