482.365. Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure. — 1. No judgment of a small claims court shall be a lien on real estate.
2. Any party aggrieved by any final judgment rendered by a small claims court in a small claims proceeding, except a judgment by consent, may have a trial de novo. The right to trial de novo shall be perfected by filing an application for trial de novo with the clerk of the small claims court within ten days after the judgment is rendered. A copy of same shall be mailed by the clerk to the opposing party or his attorney of record or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered, but no application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the small claims court judge, within the time prescribed for filing the application for trial de novo, enter into a recognizance before the small claims court judge, to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment is given against him, he will pay such judgment, and that, if his application for trial de novo is dismissed, he will pay the judgment rendered by the small claims court judge, together with the costs. The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of the parties the case may be tried by a jury of not less than six persons. On an application for a trial de novo from a judgment of a small claims court, if the defendant is the applicant, the plaintiff shall not be required to give security for costs. Costs shall be assessed as in other cases heard in circuit court. Notwithstanding any other provisions of law to the contrary, if the defendant applies for a trial de novo pursuant to this section, the plaintiff shall be allowed to amend the petition to state a claim which is within the jurisdictional limit of the circuit court.
3. The division or deputy clerks serving a small claims court judge shall assist judgment creditors in actions authorized in sections 482.300 to 482.365 in the preparation of forms, available from the clerk, necessary to obtain satisfaction of a final judgment where no application for trial de novo is pending.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1981–2024 · leading case:
Fenlon v. Union Elec. Co., 266 S.W.3d 852 (Mo. Ct. App. 2008).
Fenlon v. Union Elec. Co., 266 S.W.3d 852 (Mo. Ct. App. 2008).
· cites it 2× “Section 482.365. In response, UE filed a motion to dismiss Fen-lon’s petition arguing that: (1) Fenlon failed to state a cause of action because UE did not owe Fenlon a duty to remove the entire tree from his property, and (2) the doctrine of res judicata precluded Fen-lon from…”
Palmore v. City of Pac., 393 S.W.3d 657 (Mo. Ct. App. 2013).
· cites it 2× “Finding that no valid application for trial de novo was filed, the small claims judgment became final ten days after entry, pursuant to Section 482.365. We now proceed to evaluate the res judicata effect that the small claims judgment has upon the Present Suit.”
Advanced Transmissions, L.C. v. Duff, 9 S.W.3d 743 (Mo. Ct. App. 2000).
· cites it 6× “Appellants timely filed an application for a trial de *744 novo pursuant to § 482.365 RSMo 1994. 1 Prior to the start of the trial de novo, appellants’ counsel again orally requested a jury trial and objected to Leonard May, a non-lawyer, appearing on behalf of Advanced…”
Kevin Rowan v. Coves North Homes Ass'n, 426 S.W.3d 725 (Mo. Ct. App. 2014).
· cites it 3× “It questions whether the trial de novo judgment was null and void, and in turn whether this court is deprived of appellate jurisdiction, because its motion for trial de novo was untimely filed under section 482.365, RSMo 2000. The Association filed its motion for trial de novo…”
Essner v. Reynolds, 621 S.W.2d 551 (Mo. Ct. App. 1981).
· cites it 3× “1 Section 482.365(2), RSMo 1978, provides: “Any person aggrieved by any final judgment rendered by a small claims court in a small claims proceeding .”
Skaggs Chiropractic, L.L.C. v. Ford, 564 S.W.3d 633 (Mo. Ct. App. 2018).
· cites it 2× “See section 482.365 and Rule 151.01. When the case was assigned to the circuit court, Patient again moved to dismiss Provider's petition on the ground that the personal injury case was "currently .”
Page v. Lewis, 902 S.W.2d 359 (Mo. Ct. App. 1995).
· cites it 3× “Respondents timely filed an application for a trial de novo pursuant to § 482.365 RSMol986. Appellants subsequently filed interrogatories and a request for admissions.”
Charron v. Thompson, 939 S.W.2d 885 (Mo. 1997).
“Pursuant to § 482.365, the assistant superintendent asserted his right to trial de novo.”
Ricketts v. Seagrass, 99 S.W.3d 515 (Mo. Ct. App. 2003).
· cites it 3× “Subsequently, Respondents filed an application for trial de novo pursuant to Section 482.365, RSMo 2000. On January 17, 2002, the case was tried before the Circuit Court of St.”
State ex rel. Means v. Randall, 764 S.W.2d 120 (Mo. Ct. App. 1988).
· cites it 5× “Our preliminary rule in mandamus issued to command the respondent circuit judge to set aside an order of remand to the associate circuit judge for execution of a default judgment rendered by the small claims court but taken to the respondent circuit judge for trial de novo under…”
Kepler v. Dolines, 941 S.W.2d 22 (Mo. Ct. App. 1997).
· cites it 3× “This is not what § 482.365 requires. *24 Section 482.365(2) gives the aggrieved party of a small claims judgment the right to a trial de novo.”
Mo. Rev. Stat. § 482.365(2): 3 cases
Essner v. Reynolds, 621 S.W.2d 551 (Mo. Ct. App. 1981).
“1 Section 482.365(2), RSMo 1978, provides: “Any person aggrieved by any final judgment rendered by a small claims court in a small claims proceeding .”
Kepler v. Dolines, 941 S.W.2d 22 (Mo. Ct. App. 1997).
“This is not what § 482.365 requires. *24 Section 482.365(2) gives the aggrieved party of a small claims judgment the right to a trial de novo.”
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