Missouri small claims
How to fill out Missouri's SC 40 (Petition Small Claims Court)
Official form: SC 40 — Petition (Small Claims Court) · Walkthrough written against SC 40, SJRC (05-23)
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 SC 40 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
The SC 40 — "Petition Small Claims Court" — is the statewide form that starts a small claims case in Missouri. Small claims are heard in the associate circuit division of the circuit court; the caption asks for the judicial circuit and county, and the form cites Supreme Court Rule 141.01 and sections 482.330 and 482.340, RSMo.
Missouri small claims handles money claims up to $5,000 — and money only. The courts' own forms page states that small claims may not be used for the return of goods or property, that proceedings are informal before a judge without a jury, and that the parties may represent themselves without an attorney.
The whole form fits on one page: party blocks, a short claim statement, and three pre-printed representations you sign — that the information is true and correct, that you are not an assignee of the claim, and that you have not filed more than 12 other small claims in Missouri during the current calendar year — plus an acknowledgment that a small claims judgment becomes final if not appealed within ten days and that you are waiving jury trial on these issues.
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 and party blocks
Judicial circuit, county, judge or division, case number
The circuit and county where you are filing. The judge/division and case number entries, along with the date file stamp box, are the court's.
Plaintiff(s) 1–2 and Defendant(s) 1–2 name lines
Who is suing and who is being sued, with numbered lines for up to two of each.
Address blocks — plaintiff's and defendant's address, city/state/zip, telephone
Contact information for each party, in matching columns. The defendant's address is where service goes.
The claim statement
"Plaintiff states he/she has a claim against Defendant in the amount of $___"
The dollar amount you are claiming — money only, up to the $5,000 small claims limit.
"The claim arose on or about ___ (date) as a result of the following events:"
The date the claim arose and lines to describe what happened, with the form's own note to "continue on additional page, if needed."
The pre-printed representations
Truth, no-assignee, and 12-claims statements
One paragraph you adopt by signing: the information in the petition is true and correct to the best of your knowledge, you are not an assignee of the claim (a person who was handed someone else's claim to sue on), and you have not filed more than 12 other claims in Missouri small claims courts during the current calendar year.
Finality and jury-waiver paragraph
A second paragraph acknowledging the trade-offs: if you obtain judgment and the defendant does not appeal within ten days, the judgment becomes final; you cannot commence another action involving the same parties and issues; and you are waiving the right to jury trial on these issues in the small claims court.
Signature
Date and Signature of Plaintiff
You date and sign. Below the signature line, the form's final instruction reads: "Keep a copy of this petition and bring it to court."
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Claiming more than $5,000 — the clerk can't docket it as a small claim; larger claims belong on the circuit court's regular civil docket.
- ⚠Asking for the return of goods or property — Missouri small claims is money-only, per the courts' own description of the SC 40.
- ⚠Filing as an assignee of someone else's claim — the signed statement says you are not one, and assigned claims don't belong on this form.
- ⚠Exceeding the 12-claims-per-year cap — the statement you sign certifies you haven't filed more than 12 other small claims in Missouri during the current calendar year.
- ⚠Filing without the required filing information sheet — Missouri courts require one on each case filed (the civil sheet posted with the forms), completed by the parties.
- ⚠Leaving the petition unsigned or undated — the representations above the signature line are what make the petition complete.
What filing costs, and where it happens
Missouri small claims filing costs vary by county — the circuit clerk collects the filing fee plus service costs, and the total depends on the county and how the defendant is served. The clerk's office quotes the exact amount for your court; Missouri's courts also note that court clerks will provide assistance with completing the forms themselves.
You file with the circuit clerk in the proper circuit and county — the caption's blanks. After filing, the defendant is served and the court sets the hearing; the form's own closing line tells you to keep a copy of the petition and bring it to court. The clerk confirms current fees and local filing details — verify before filing.
Published fees and court locations for your county are in our Missouri small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get the SC 40?
From courts.mo.gov — the official PDF (updated 6/15/23) is free and linked on this page. Related small claims forms (SC 10 counterclaim, SC 30 dismissal, SC 60 satisfaction of judgment) are on the same page but serve later stages.
How much can I sue for in Missouri small claims?
Up to $5,000, and the claim must be for money — Missouri small claims cannot order the return of goods or property.
Do I need a lawyer?
No — Missouri's courts state that the persons involved may represent themselves without an attorney, and small claims proceedings are conducted informally before a judge, without a jury. Consulting a lawyer outside the courtroom remains an option.
What am I agreeing to by signing?
The signature adopts the form's printed statements: the petition is true and correct, you are not an assignee, you are within the 12-claims-per-year limit, you understand the judgment becomes final if not appealed within ten days, you cannot re-sue on the same issues, and you are waiving jury trial in small claims court.
What does it cost to file?
It varies by county — the circuit clerk collects the filing fee and service costs and can quote the exact total for your case. Verify with the clerk before filing.
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.