FIRST REGULAR SESSION
HOUSE BILL NO. 139
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOSMER.
Pre-filed December 14, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 482.330, RSMo 2000, relating to small claims court, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 482.330, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 482.330, to read as follows:
482.330. 1. No claim may be filed or prosecuted in small claims court by a party who:
(1) Is an assignee of the claim; or
(2) Has filed more than eight other claims in the Missouri small claims courts during the current calendar year. If the court finds that a party has filed one more claim than is permitted by this section, the court may dismiss the petition with prejudice. If the court finds that a party has filed two more claims than is permitted by this section, the court shall dismiss with prejudice.
2. At the time of filing an action in small claims court, a plaintiff shall sign a statement that he is not the assignee of the claim sued on and that he has not filed more than ten other claims in the Missouri small claims courts during the current calendar year.
3. Nothing in this section shall prohibit the filing or prosecution of a counterclaim growing out of the same transaction or occurrence.
4. [No claim may be filed in a small claims court unless:
(1) At least one defendant is a resident of the county in which the court is located or at least one of the plaintiffs is a resident of the county in which the court is located and at least one defendant may be found in said county; or
(2) The facts giving rise to the cause of action took place within the county in which the court is located.] Venue in small
claims court shall be pursuant to section 508.010, RSMo.
Missouri House of Representatives