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Fill and Sign the Petition Small Claims Court Missouri Courts Form

Fill and Sign the Petition Small Claims Court Missouri Courts Form

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OSCA (10-04) SC10 1of 2 SCR 143.01, 143.03 482.320, 482.330 RSMo IN THE CIRCUIT COURT OF COUNTY, MISSOURI Judge or Division: Case Number: (Date File Stamp) Plaintiff's Address (No.1): Defendant's Address (No.1): Plaintiff(s): 1. 2. vs. City, State, Zip: City, State, Zip: Telephone Number: Telephone Number: Plaintiff's Address (No.2): Defendant's Address (No.2): City, State, Zip: City, State, Zip: Defendant(s): 1. 2. Telephone Number: Telephone Number: Counterclaim Small Claims Court The defendant states he/she has a claim against the plaintiff in the amo\ unt of $ . The counterclaim arose on or abou t (date) as a result of the following events: Counterclaim Arising Out of the Same Transaction Counterclaim Not Arising Out of the Same Transaction In addition to the above, defendant claims that he/she is not an assigne\ e of this counterclaim, and that to the best of his/her knowledge he/she has not filed more than twelve (12) other claims in Missouri small claims courts during the current calen\ dar year. Date Signature of Defendant Keep a copy of this counterclaim and bring it to court. The defendant states that the information contained in the counterclaim \ is true and correct to the best of his/her knowledge. Defendant understands that should he/she be successful in this action an\ d obtain judgment, and if plaintiff does not appeal with ten days, this judgment becomes final. The defendant cannot commence another\ action involving the same parties and issues. Defendant understands that he/she is waiving his/her right to jury trial on these \ issues in the small claims court. OSCA (10-04) SC10 2 of 2 SCR 143.01, 143.03 482.320, 482.330 RSMo Instructions 1. By using this form, the respondent is countersuing you. 2. To defend yourself: a. You must appear at the date and time set for hearing. b. You should bring with you all books, papers, witnesses, and evidence you\ have to establish your defense. c. At your request, the clerk will issue a subpoena for any witness you may\ need. You must order the subpoena as soon as possible and before the hearing date. 3. The rules of evidence do not apply, and you may defend th is action with or without th e assistance of an attorney.

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