Mississippi small claims
How to fill out a Mississippi Affidavit of Complaint (justice court)
Official form: Affidavit of Complaint (per county justice-court clerk) · Walkthrough written against Undated — the Hinds County Justice Court form carries no printed revision
In Mississippi, this form is issued per county or court
There is no single statewide version — each county's (or court's) clerk issues its own, and courts generally expect their own version. The walkthrough below uses the Hinds County Justice Court's Declaration and Affidavit because the forms ask for largely the same information, but your court's layout and requirements can differ. Look up your courthouse to find the operative version — the clerk's office has it.
Download the official form — free, from the court
The only authoritative copy of this form is the court's own. Courts re-issue forms, so downloading a fresh copy right before filing beats reusing a saved one. We link the official source and never host court forms ourselves.
Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Mississippi hears small claims in the justice court of each county, and the initiating document — a sworn affidavit of complaint — is issued per county by each justice court clerk; there is no statewide small claims form (the state AOC publishes only a general civil case filing cover sheet, which is not small-claims-specific). The justice court limit is $3,500.
Whatever the county calls it — Affidavit of Complaint in some, Declaration and Affidavit in Hinds County — the document does the same work: it identifies the plaintiff with contact information, gives the defendant's name and the address where process is to be served, records the defendant's place of business if known, states the amount of the indebtedness, and sets out the basis for the claim. It is sworn: the plaintiff signs before the justice court clerk, whose jurat completes the filing.
The walkthrough below uses the Hinds County Justice Court's Declaration and Affidavit as a representative example. Your county's version may differ in layout and title; the justice court clerk where you file has the operative form.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption
"IN THE JUSTICE COURT OF HINDS COUNTY, MISSISSIPPI" — plaintiff vs. defendant, docket and page
The court identification and party names. The docket and page lines are the clerk's — justice courts docket cases by book and page.
Item 1 — the plaintiff
Name, address, city/state/zip, phone, e-mail
Your identifying and contact information — the form's first numbered allegation reads "The plaintiff's name, address and telephone number are:" with lines for each.
Items 2–3 — the defendant and where to serve
2. "The defendant's name and address where PROCESS IS TO BE SERVED"
The defendant's name and the service address — the form puts "PROCESS IS TO BE SERVED" in capitals because this is the address the court uses to get the papers to the defendant. Phone and e-mail lines follow.
3. "The defendant's place of business and business address (if known)"
The defendant's place of business or employment, with street and city/state/zip lines — an alternative location the court can use, completed if known.
Items 4–5 — the claim
4. "The defendant(s) is indebted to the plaintiff in the amount of $___"
The dollar amount claimed. Mississippi justice court hears money claims up to $3,500.
5. "The basis for plaintiff's claim against the defendant(s) is:"
Open lines for the claim, with the form's own instruction beneath the heading: "(State why you claim the defendant or defendants are indebted to you)."
The jurat — sworn before the clerk
"Sworn to and subscribed before me this ___ day of ___, 20___" — Justice Court Clerk / Plaintiff signature lines
The affidavit is sworn: you sign on the plaintiff line, and the justice court clerk signs the jurat after administering the oath. Signing at the clerk's counter when filing is the built-in route — the clerk's signature line is printed on the form itself.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Filing another county's affidavit — the operative sworn Affidavit of Complaint is issued per county by each justice court clerk, with its own caption and docket blocks.
- ⚠Signing before arriving — the form is sworn before the justice court clerk, whose jurat line is printed on it; a pre-signed, un-administered affidavit is incomplete.
- ⚠Claiming more than $3,500 — that exceeds the justice court's jurisdiction, and larger claims belong in county or circuit court.
- ⚠A service address that doesn't work — item 2 exists to tell the court where process is to be served, and service fails without a good address (item 3's business address is the fallback the form provides).
- ⚠A basis statement that doesn't say why — the form's own parenthetical asks the plaintiff to state why the defendant is indebted, and that statement is what the defendant answers to.
- ⚠Filing in the wrong county — Mississippi justice court venue generally follows the defendant's county of residence.
What filing costs, and where it happens
Mississippi justice court filing fees vary by county and include the service charge for getting process to the defendant. The justice court clerk in the county where you file quotes the exact amount — verify before filing.
You file in person with the justice court clerk in the proper county — generally where the defendant resides — which also takes care of the oath, since the clerk administers it at the counter. After filing, process is served at the address in item 2, and the court sets the case for trial before a justice court judge.
Published fees and court locations for your county are in our Mississippi small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Is this the form for my county?
The walkthrough above uses Hinds County's Declaration and Affidavit as a representative example. Each Mississippi justice court clerk issues the operative sworn affidavit for that county, and titles vary (Affidavit of Complaint, Declaration and Affidavit). The clerk where you file has the right version, and the courts lookup on this site can point you to your county's justice court.
How much can I sue for in Mississippi justice court?
Up to $3,500. Larger claims go to county court or circuit court depending on the amount.
Does the affidavit have to be notarized?
It is sworn before the justice court clerk — the jurat line on the Hinds County form is the clerk's own. Filing in person lets the clerk administer the oath when you sign; some counties also accept a notary's jurat. The clerk's office can confirm its practice.
What happens after I file?
The clerk dockets the case and process is served on the defendant at the address you gave in item 2. The court then sets the matter for trial before a justice court judge, and both parties appear with their evidence.
Do I need a lawyer to file?
No — justice court is built for people representing themselves, and the affidavit is a one-page sworn statement. Consulting a lawyer about your situation beforehand is an option.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.