All states › Mississippi · How to file
Mississippi · Small claims guide · Updated Oct 2026

Get your money back in Mississippi small claims court

A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Mississippi you can sue for up to $3,500 in the Justice Court, without hiring a lawyer. Check your case below, then follow six steps.

$3,500Max you can sue for
$85Filing fee
OptionalLawyers allowed, not required
VariesTypical wait from filing to hearing

Can you file? Check in 60 seconds

Answer a few questions. The result updates as you type.

Who is suing?
Your next steps

    How to sue in Mississippi small claims, step by step

    1. Ask for payment in writing

      Mississippi doesn't require a demand letter before you sue in Justice Court, but asking for payment in writing first is a good idea. A short, dated demand letter is the best proof. Use the generator below and keep a copy.

    2. Pick the right court

      File in the Justice Court of the county where the defendant lives or where the problem happened. For a business, use its full legal name and its registered agent.

    3. Fill in the claim Complaint

      Civil complaint (often called a declaration or affidavit on open account), available from the clerk. The clerk sets the trial date when the summons is issued. Ask your court how soon it hears civil cases.

    4. Pay the filing fee

      Fees are set by state law and collected by each county. Many courts charge about $85 to file against one defendant, which includes service by the constable, plus about $15 for each extra defendant. Check your county's justice court clerk for the exact amount. If you can't afford it, ask for a fee waiver: Pauper's affidavit; ask the justice court clerk.

    5. Have the papers served

      The clerk issues a summons and gives it to the constable, who serves the defendant. If the constable can't hand it to the defendant, it can be left with a family member over 16 or posted on the door, followed by a mailed copy. Service must be made within 120 days of filing, or the case can be dismissed. The summons gives the trial date.

    6. Prepare for the hearing and collect

      Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. If they don't pay, you can ask the clerk about wage or bank garnishment, which has its own fee.

    Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.

    Open the filing guide

    What's different in Mississippi

    Free demand letter

    Fill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.

    Your details stay in your browser. Nothing you type here is sent to our server.

    About you
    Who owes you
    Your demand

    Don't put your bank account number in the letter. A check or Zelle to your phone or email is enough.

    Deadlines to sue in Mississippi

    Miss this date and the court will dismiss your case, however strong it is. Mississippi uses a 3-year general deadline for most claims. Some deadlines start later if the harm was discovered later.

    Type of claimDeadline
    Broken written contract (lease, invoice, signed agreement)3 years
    Broken verbal agreement3 years
    Damaged property3 years
    Personal injury3 years
    Fraud3 years
    Libel or slander1 year
    Claims against a government agencyBefore suing a Mississippi government body, you must give it written notice of your claim at least 90 days before filing under the Tort Claims Act, generally within 1 year of the harm.

    Common questions

    Can I bring a lawyer?

    Yes. You can bring a lawyer or represent yourself. Most people in Justice Court handle their own cases.

    What if I'm owed more than $3,500?

    You can sue for up to $3,500 in Justice Court. People and businesses have the same limit. The limit has been $3,500 since 2008; bills in the 2026 session to raise it to $5,000 did not become law. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.

    Can I appeal if I lose?

    Either side can appeal to the county court, or to the circuit court if there's no county court. The case is heard again from scratch. File the notice and pay the appeal costs within 30 days; a bond may be needed to stop collection. Ask the clerk right away, because deadlines are strict.

    Can I get an interpreter?

    Ask the court ahead of time if you need an interpreter. The Justice Court rules allow the judge to appoint one.

    Other states