Missouri Revised Statutes
Chapter 482 - Small Claims Courts
Section 482.325 - Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when.

Effective - 01 Jan 1987
482.325. Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when. — If the amount of the counterclaim exceeds by itself the jurisdictional limit of the small claims court as established in section 482.305:
(1) The court shall have jurisdiction to hear both the claim and the counterclaim, with the consent of all parties to the proceeding. The court shall not accept the consent of any party unless the court shall have informed him that he has the right to consult with an attorney prior to giving or withholding his consent.
(2) If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, the cause shall be transferred by the small claims court to be heard by the associate circuit judge under procedures provided in chapter 517, if such might otherwise be heard and determined under such procedures, and in other cases the cause shall be certified for assignment in the manner provided in section 517.081.
(3) If all parties do not consent and the counterclaim does not arise out of the same transaction or occurrence as the original claim, the court shall dismiss the counterclaim without prejudice to its being heard separately in an appropriate court.
(4) If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, and the court determines in its judgment that the amount or nature of the counterclaim is not in good faith, then the court shall dismiss the counterclaim without prejudice.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-01-87

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXII - Courts

Chapter 482 - Small Claims Courts

Section 482.300 - Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases.

Section 482.305 - Jurisdiction of small claims court.

Section 482.310 - Procedure in small claims court.

Section 482.315 - Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred.

Section 482.320 - Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge.

Section 482.325 - Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when.

Section 482.330 - Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where.

Section 482.335 - Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law.

Section 482.340 - Form of petition and summons — instructions for defendant — waiver of trial by jury — availability of forms.

Section 482.345 - Court costs — procedure for assessment of costs, award of fees and disbursement of fees.

Section 482.350 - Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service.

Section 482.355 - Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when.

Section 482.360 - Barring person from small claims court, grounds, length of bar.

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