Mississippi does not technically have a court called “small claims court.” What every other state in this guide series calls by that name, Mississippi calls the Justice Court — its court of limited jurisdiction that handles civil disputes up to $3,500, along with misdemeanor criminal cases and traffic offenses. There are 82 Justice Courts with 198 judges across the state, and Justice Court judges are the only Mississippi judges elected in partisan races. That last detail is worth knowing: your case will be decided by an elected official whose community standing is a direct product of how fairly and efficiently they handle the cases before them.
Mississippi’s $3,500 limit is the second-lowest in this guide series, above only Kentucky’s $2,500 ceiling. Before filing anything, verify that your loss — after any voluntary reduction — stays at or below $3,500. There are no category exceptions for motor vehicle damage as in Massachusetts, no home improvement contractor carve-out as in Connecticut, and no security deposit exception as in New Jersey. If the filer has a higher claim, they must lower the amount or waive part of it to stay within the limit. Once waived, the excess is permanently forfeited.
Justice Courts have jurisdiction over small claims civil cases involving amounts of $3,500 or less, misdemeanor criminal cases and any traffic offense that occurs outside a municipality. Justice Court judges may conduct bond hearings and preliminary hearings in felony criminal cases and may issue search warrants.
Mississippi designed its small claims procedure to allow non-legal professionals to resolve their minor civil cases in a quick and inexpensive way. The flexible and informal court proceedings at the small claims trial allow parties to represent themselves at the trial. Cases are heard by a Justice Court judge. Either party may request a jury trial instead of a bench trial. The party requesting a jury trial must make their request before the scheduled hearing.
Common disputes handled in Mississippi Justice Court include:
Justice Courts have jurisdiction over small claims civil cases involving amounts of $3,500 or less. This limit applies to the principal amount of damages only — it excludes court costs and interest. The $3,500 ceiling places Mississippi second-lowest in this guide series, above only Kentucky ($2,500).
If your actual loss exceeds $3,500, you have two options:
Per defendant, the filing fee ranges from $74 to $85. In Mississippi, a single payment covers both the filing fee and the amount used to serve the paperwork on the defendant. This bundled fee structure — filing and service in one payment — is simpler than states where you pay filing and service separately.
| County / Scenario | Fee | Notes |
|---|---|---|
| Hinds County (Jackson) — 1 defendant | $85 | Located at 407 E. Pascagoula St., Jackson |
| Lamar County — 1 defendant | $84 | 205 Main Street, Suite A, Purvis |
| Pearl River County — 1 defendant | $85 | Cash, check, or money order only |
| Lamar County — 2 defendants, same address | $99 | Service bundled into total fee |
| Most Mississippi counties — 1 defendant | $74 – $85 | Confirm exact amount with your county clerk |
Mississippi’s process is guided by the official Mississippi Judiciary website at courts.ms.gov and the Mississippi Access to Justice Commission’s self-help resources. The process is deliberately simple — the Justice Court was designed for people without legal training.
Before filing, give the defendant a documented final opportunity to resolve the matter. Send a demand letter by certified mail. State the amount owed, why it is owed, and a deadline of 10 to 14 days to respond. Keep the return receipt as your first piece of evidence.
For security deposit disputes, Mississippi Code § 89-8-21 governs landlord obligations. Mississippi landlords must return the deposit within 45 days of the tenant vacating, along with an itemized statement of deductions. A landlord who fails to comply may forfeit the right to retain any portion of the deposit. Reference the statute and the 45-day deadline in your demand letter.
Claimants are to file such matters at the Justice Court in the county where the defendant lives or where the incident occurred. Mississippi gives you two venue options — the defendant’s county or where the dispute arose — which is more flexible than Georgia’s strict residence-only rule.
Mississippi has 82 counties, each with a Justice Court. For major Mississippi cities:
Use the Mississippi courts directory at courts.ms.gov to find the Justice Court for any county. For business defendants, verify the exact registered legal name through the Mississippi Secretary of State’s business search at sos.ms.gov before completing your forms. A corporation filing a small claims case must retain an attorney — this applies when a corporation is the plaintiff as well as when it is the defendant.
You will be required to complete the official Affidavit of Complaint or Declaration form at the office of the Justice Court Clerk. While filling out the form, you must provide a concise and factual explanation of why you are suing the defendant, along with copies of all supporting documents.
Claimants may begin the suit process by visiting the office of the Clerk of Court and requesting the necessary forms to complete and file. Usually, there is a Declaration form that claimants are to complete with the details of the claims. A Summons form will usually also contain the defendant’s name and address.
The form requires:
Bring your completed Affidavit of Complaint or Declaration, copies of supporting documents, and payment to the Justice Court Clerk’s office. We accept Cash, Check, or Money Orders only. Most Mississippi Justice Courts share this payment policy — confirm before arriving whether credit cards are accepted at your specific county.
Pay the filing fee — a single payment covers both the filing fee and the amount used to serve the paperwork on the defendant. The bundled fee is typically $74 to $85 for one defendant, depending on the county.
Once your filing is accepted, the clerk assigns a hearing date and prepares service documents for the Sheriff’s Department.
Mississippi’s service rule is straightforward and non-negotiable: after filing and paying the applicable fees, a copy of the complaint and summons is sent from the Justice Court Clerk to the Sheriff of the county where the defendant lives. Then, the documents will be hand-delivered to the defendant or to a family member over 16 who resides at the same address.
This is mandatory personal service by the sheriff — certified mail is not an option in Mississippi Justice Court. The service fee is bundled into the filing fee you already paid. You do not need to coordinate separately with the sheriff’s office. The court arranges service automatically after you file.
The Sheriff then files the proof of service to notify the court that the defendant received the court papers. Monitor your case status — if the sheriff cannot locate the defendant at the address you provided, you will need to supply a new current physical address and pay an additional service fee for a re-service attempt.
After being served, the defendant has several options before the hearing date:
Both the plaintiff and the defendant present their case before a Justice Court Judge. Before the trial, the judge explains the proceedings and reminds both parties that the rules are simpler than in the regular civil court. Then, each party gets the chance to present their side of the story, show photo and receipt evidence, and call witnesses if necessary. For a better understanding of the facts, the judge can ask questions of both parties and their witnesses, as well as review evidence before making a decision.
Prepare three complete sets of every document — one for the judge, one for the defendant, and one for yourself. Strong evidence includes:
Witnesses with direct knowledge of the facts should appear in person and testify under oath. If a witness is unwilling to attend voluntarily, ask the clerk about subpoena procedures before the hearing date.
Arrive at the Justice Court at least 15 minutes early. Dress professionally. If the plaintiff fails to show up for the trial, the judge dismisses the case. Arriving late or missing your hearing without requesting a continuance is one of the most avoidable mistakes in any small claims system — and one with immediate consequences in Mississippi.
When your case is called, introduce yourself and state your claim directly: “Your Honor, I am seeking $2,800 for a security deposit that was not returned within 45 days after my lease ended in January 2026.” Walk through your evidence in logical order. Speak to the judge, not to the defendant. When the defendant presents their side, take notes and address their points in your rebuttal without interrupting.
The court will mail the court’s decision to both parties within a few days if the judge does not issue an immediate judgment during the trial. Some judges rule from the bench at the end of the hearing; others take the matter under advisement and mail the decision. Confirm with the clerk which approach is standard in your county’s court.
After winning, if the defendant does not pay voluntarily, Mississippi enforcement tools include:
Begin enforcement steps promptly after the appeal window closes. Mississippi judgments accrue post-judgment interest and are valid for 7 years from the date of entry, renewable for additional terms.
Anyone who disagrees with the outcome of the case can file an appeal to the County or Circuit Court within 10 days and pay the necessary fees. Mississippi’s 10-day appeal window is among the shorter deadlines in this guide series — matching Alabama and North Carolina, and second only to Nevada’s 5-working-day window. The clock starts from when the judgment is entered — not from when you receive the mailed decision.
Mississippi appeals from Justice Court go to the County Court (for claims that County Court has jurisdiction over) or Circuit Court. The appeal is a de novo hearing — a completely new trial before a higher court judge, as if the Justice Court hearing never happened. Both sides can introduce new evidence, call witnesses again, and have attorney representation.
Mississippi sets firm deadlines for civil claims under Mississippi Code §§ 15-1-1 et seq. You have only a limited amount of time to file a lawsuit because you must bring it within the “statute of limitations” period. Filing after the deadline results in permanent dismissal regardless of merits.
| Type of Dispute | Filing Deadline |
|---|---|
| Written contract (lease, service agreement, invoice) | 3 years from breach |
| Oral (verbal) contract | 3 years from breach |
| Personal injury | 3 years from injury |
| Property damage | 3 years from incident |
| Fraud or mistake | 3 years from discovery |
Parties to a small claims case do not need to hire an attorney. However, they can hire an attorney if they wish. For most individual disputes at or below $3,500 with clear documentation, self-representation is practical and common. The one exception: a corporation filing a small claims case must retain an attorney.
If the defendant fails to appear, the court may award a default judgment in favor of the plaintiff. You must still appear and briefly present your claim — default is not automatic without your participation. Bring your full documentation to every hearing regardless of whether you expect the defendant to attend.
Adults, businesses, partnerships, and corporations may file small claims cases in the Justice Courts. They can sue any person, business, partnership, or corporation. The key restriction: corporations must be represented by an attorney when filing or appearing. Other business structures — partnerships, LLCs, and sole proprietors — may be represented by an authorized owner or employee.
In Mississippi, landlords can also file eviction lawsuits in Justice Court. This makes Mississippi similar to Oklahoma and Tennessee — eviction and money claims can both be handled in the same court. Unlike Iowa, where eviction and monetary recovery must be filed separately, Mississippi allows both in the same Justice Court proceeding.
From filing, the court assigns a hearing date — typically 30 to 60 days after filing. The hearing itself usually runs 15 to 30 minutes. The court will mail the court’s decision to both parties within a few days if the judge does not issue an immediate judgment during the trial. If no appeal is filed within 10 days and the defendant pays voluntarily, the total process from filing to resolution commonly runs 45 to 90 days.
Mississippi’s Justice Court is accessible, affordable, and well-organized for self-represented parties. In Mississippi, a single payment covers both the filing fee and the amount used to serve the paperwork on the defendant — one of the simpler fee structures in this guide series. The sheriff’s mandatory personal service removes the coordination burden that challenges filers in Nevada and Arizona. And the judge’s active role — asking questions of both parties and reviewing evidence directly — creates a genuinely participatory informal hearing.
The three things worth knowing cold before you file: the correct name is Justice Court, a physical street address is required for service, and corporations must have attorney representation. Handle those three correctly and Mississippi’s process is one of the more straightforward in this guide series.
The ClaimItCourt Editorial Team produces small claims court guides built entirely from primary legal sources — official state court websites, state statutes confirmed via official state legislature databases, court rules, and Administrative Office of the Courts publications. Each guide is cross-referenced against the current official source before publication and updated when statutes change. We cite every specific procedural rule, dollar limit, and deadline directly from the governing statute or court rule so readers can verify any claim independently. ClaimItCourt.com is an independent legal information publisher. We are not a law firm and do not provide legal advice.
Leave a Reply