482.365. Small claim judgment not lien on real estate--trial de novo, how perfected--duty of clerk--recognizance required, when--procedure.
Small claim judgment not lien on real estate--trial de novo, howperfected--duty of clerk--recognizance required, when--procedure.
482.365. 1. No judgment of a small claims court shall be alien on real estate.
2. Any party aggrieved by any final judgment rendered by asmall claims court in a small claims proceeding, except ajudgment by consent, may have a trial de novo. The right totrial de novo shall be perfected by filing an application fortrial de novo with the clerk of the small claims court within tendays after the judgment is rendered. A copy of same shall bemailed by the clerk to the opposing party or his attorney ofrecord or served upon him as provided by law for the service ofnotices within fifteen days after the judgment was rendered, butno application for a trial de novo shall stay execution unlessand until the applicant, or some person for him, together withone or more solvent sureties to be approved by the small claimscourt judge, within the time prescribed for filing theapplication for trial de novo, enter into a recognizance beforethe small claims court judge, to the adverse party, in a sumsufficient to secure the payment of such judgment and costs,conditioned that the applicant will prosecute his application fortrial de novo with due diligence to a decision, and that if onsuch trial de novo judgment is given against him, he will paysuch judgment, and that, if his application for trial de novo isdismissed, he will pay the judgment rendered by the small claimscourt judge, together with the costs. The trial de novo shall begoverned by the practice in trials before circuit judges, exceptthat by agreement of the parties the case may be tried by a juryof not less than six persons. On an application for a trial denovo from a judgment of a small claims court, if the defendant isthe applicant, the plaintiff shall not be required to givesecurity for costs. Costs shall be assessed as in other casesheard in circuit court. Notwithstanding any other provisions oflaw to the contrary, if the defendant applies for a trial de novopursuant to this section, the plaintiff shall be allowed to amendthe petition to state a claim which is within the jurisdictionallimit of the circuit court.
3. The division or deputy clerks serving a small claimscourt judge shall assist judgment creditors in actions authorizedin sections 482.300 to 482.365 in the preparation of forms,available from the clerk, necessary to obtain satisfaction of afinal judgment where no application for trial de novo is pending.
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 13, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1993 S.B. 88)