Executive Statutory Summary
Mississippi divides lower-tier civil litigation between two courts: (1) Justice Court, which serves as Mississippi’s Small Claims Court in all 82 counties for civil claims up to $3,500.00 (Miss. Code Ann. § 9-11-9) plus summary evictions, and (2) County Court, which exists in Mississippi’s 22 most populous counties and hears civil claims up to $200,000.00 under the full Mississippi Rules of Civil Procedure (MRCP Rule 4).
- • Miss. Code Ann. § 9-11-9 ($3,500 Jurisdictional Limit in Mississippi Justice Court)
- • Miss. Code Ann. § 9-9-21 ($200,000 Jurisdictional Limit in Mississippi County Court)
- • Miss. Code Ann. § 11-9-105 & § 11-9-107 (Justice Court Declaration, Summons & 5-Day Service Rule)
- • Uniform Rules of Procedure for Justice Court (URPJC)
1. Mississippi Justice Court ("Small Claims"): $3,500 Limit & Procedure
Every one of Mississippi’s 82 counties has a Justice Court presided over by elected Justice Court Judges. Under Miss. Code Ann. § 9-11-9, Justice Court has civil jurisdiction over all actions for the recovery of debt or damages where the principal amount in controversy does not exceed $3,500.00 (exclusive of interest and court costs), as well as landlord-tenant removal (eviction) proceedings and replevin actions up to $3,500.
Important Procedural Distinction: Under Miss. R. Civ. P. 1, the Mississippi Rules of Civil Procedure apply only to Circuit, Chancery, and County Courts—they do NOT govern Justice Court! Instead, Justice Court is governed by Miss. Code Ann. Title 11, Chapter 9 and the Uniform Rules of Procedure for Justice Court (URPJC).
2. Service of Process Deadlines in Justice Court (Miss. Code Ann. § 11-9-107)
In Justice Court, a civil action is commenced by filing a sworn complaint / declaration with the Justice Court Clerk (Miss. Code Ann. § 11-9-105). The Justice Court Clerk sets a trial date and issues a summons:
Under Miss. Code Ann. § 11-9-107 and URPJC Rule 2.04, the Justice Court summons must be executed at least five (5) days before the return/trial day (excluding the day of service). In Justice Court, initial summonses are statutorily directed to the County Constable or Sheriff for execution, though private process servers are frequently retained to serve pre-suit demand letters, 3-day eviction notices, Justice Court witness subpoenas, and to perform skip tracing when a Constable returns a summons "Not Found" due to a bad address.
3. Mississippi County Court ($200,000 Limit): Full Private Process Server Authority
In 22 Mississippi counties—including Hinds, Harrison, DeSoto, Rankin, Madison, Jackson, Lee, Forrest, Lauderdale, Lowndes, Warren, Jones, Washington, Bolivar, Leflore, Pike, Adams, Coahoma, Pearl River, Lamar, Hancock, and Oktibbeha—the Legislature has established a County Court under Miss. Code Ann. § 9-9-1 et seq.
Under Miss. Code Ann. § 9-9-21, County Court exercises concurrent civil jurisdiction with Circuit and Chancery Courts over all matters of law and equity where the value of the property or amount in controversy does not exceed $200,000.00.
Because County Court is a court of record governed by the Mississippi Rules of Civil Procedure, all County Court summonses, complaints, replevins, unlawful detainers, and subpoenas may be served by a private process server under MRCP Rule 4(c)(1).
Frequently Asked Questions
How do you appeal a Justice Court judgment in Mississippi?
Under Miss. Code Ann. § 11-51-85 and § 11-51-91, any party aggrieved by a Justice Court judgment may appeal within 30 days to the County Court (or to the Circuit Court in counties without a County Court) for a trial de novo.
Why do commercial creditors file claims between $500 and $3,500 in County Court instead of Justice Court?
Because filing in County Court allows the creditor to use a private process server immediately under MRCP Rule 4(c)(1), obtain a default judgment on the pleadings without attending a live hearing if no Answer is filed within 30 days under MRCP Rule 55, and conduct full post-judgment discovery.