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- The Senate Judiciary Committee heard pros and cons of bumping case limits above $3,500.
Last legislative session, lawmakers failed to pass a bill involving jurisdiction limits in cases heard by the state’s Justice Courts, but it appears another try is in the making ahead of the 2026 session.
During a Senate Judiciary Committee hearing on Wednesday, court officials warned legislators that bumping the case limits from $3,500 to any amount above $5,000 would be detrimental to Justice Court, Mississippi’s version of small claims court.
There is talk in the halls of the Capitol that a new bill is slated for introduction that could increase the limit to upwards of $7,500 or $10,000. However, committee chairman state Senator Brice Wiggins (R) said a bill has not been written and the hearing was “a listening session.”
Court officials told senators that the Justice Court hears and decides cases involving debts, damages, or personal property claims, freeing up higher courts for larger cases. Many cases involve landlord-tenant disputes, collection agencies, vehicle accidents, and neighbor complaints.
Jackson County Judge Matt Lachaussee said any lawsuit above $5,000 would hinder the court and staff. One reason the limit should not increase beyond the figure is that the majority of Justice Court Judges are not attorneys.
“It’s going to increase the number of cases where our non-attorney judges are going to be asked to make legal rulings, legal decisions in situations where they haven’t been trained or had the experience in those types of cases,” he said.
In Mississippi, Justice Court Judges are not required to have a law degree. Qualifications include being a qualified elector and a resident of the county two years preceding the day of election. Candidates must also have a high school diploma or its equivalent, and must complete a training course within 6 months of the beginning of the term of office if elected.
Lachaussee told the committee that increasing the limit to $10,000 could erode protections for those in the system.
“If I am getting sued for $10,000, I want to protect myself. I want to know what I am being sued for, I want to file discovery,” he said, adding that the practical impact of increasing the limit above $5,000 is currently unknown.
What is known, said Marion County Circuit Clerk Janette Nolen with the Mississippi Circuit Clerks Association, is the impact it will have on the higher courts.
While the association does not have data from all 82 Mississippi counties, a cross-section of data shows that raising the limit from $3,500 to $5,000 would result in a 15 percent to 20 percent decline in circuit court filings.
“You go above $5,000 and you just doubled that,” she said.
That could impact the state’s current court system, as they rely heavily on filing fees. The fewer filing fees, the fewer funds to operate court offices.
“That could mean more reliance on county and state funds,” Nolen said.
The Mississippi Constable Association told the Senate committee that it favors raising the limit.
Al Sage, who represents the constables, said the association’s members are seeing an increase in eviction notices served, which falls under the Justice Courts’ jurisdiction. Constables, who are paid per paper served, have seen rents double and triple in the last few years. As a result, Sage said, people are being evicted. He told lawmakers that it could take months before a renter vacates a dwelling, costing the landlord thousands of dollars.
“In many cases,” he said, “Landlords settle for the $3,500 instead of the full amount.”
Lawmakers will continue the conservation on Justice Courts and their jurisdiction limits in the weeks ahead as members of the Judiciary Committee consider whether to file legislation when the gavel falls to open the session in January.
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Correction: An earlier version of this article incorrectly identified Judge Lachaussee as Pieter Teewissen.
Daniel Tyson
