Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Mississippi doesn't require a demand letter before you sue in Justice Court, but asking for payment in writing first is a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Mississippi you can sue for up to $3,500 in the Justice Court.
Run the 60-second case check to see the last day you can file.
Use the company's full legal name and its registered agent for service.
1–2 evenings
Complaint: Civil complaint (often called a declaration or affidavit on open account), available from the clerk. Ask the court clerk or check your court's website.
Sign the complaint. If you're suing on an account or a written agreement, attach a copy of it or the account statement.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
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.
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. Can't afford it? Ask for a fee waiver: Pauper's affidavit; ask the justice court clerk.
The clerk issues a summons with the trial date and sends it to the constable for service. If service fails, the court tells you so you can give a new address, which may cost more.
Right after filing
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.
The constable fills out the return showing how and when the defendant was served and files it with the court; you don't file a form yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant comes to court on the trial date shown on the summons and can file a counterclaim.
If you settle, tell the clerk in writing so the case can be dismissed or an agreed judgment entered.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the justice court clerk to issue a subpoena for a witness well before the trial date.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant was properly served and doesn't come, the judge can enter a default judgment. If you don't come, your case can be dismissed.
Weeks to months
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.
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.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.