482.325. Counterclaims exceeding jurisdictional limit, procedure--consent of all parties required--transfer of counterclaim, when--dismissal, when.
Counterclaims exceeding jurisdictional limit, procedure--consent ofall parties required--transfer of counterclaim, when--dismissal, when.
482.325. If the amount of the counterclaim exceeds by itselfthe jurisdictional limit of the small claims court as establishedin section 482.305:
(1) The court shall have jurisdiction to hear both the claimand the counterclaim, with the consent of all parties to theproceeding. The court shall not accept the consent of any partyunless the court shall have informed him that he has the right toconsult with an attorney prior to giving or withholding hisconsent.
(2) If all parties do not consent and if the counterclaimarose out of the same transaction or occurrence as theplaintiff's original claim, the cause shall be transferred by thesmall claims court to be heard by the associate circuit judgeunder procedures provided in chapter 517, RSMo, if such mightotherwise be heard and determined under such procedures, and inother cases the cause shall be certified for assignment in themanner provided in section 517.081, RSMo.
(3) If all parties do not consent and the counterclaim doesnot arise out of the same transaction or occurrence as theoriginal claim, the court shall dismiss the counterclaim withoutprejudice to its being heard separately in an appropriate court.
(4) If all parties do not consent and if the counterclaimarose out of the same transaction or occurrence as theplaintiff's original claim, and the court determines in itsjudgment that the amount or nature of the counterclaim is not ingood faith, then the court shall dismiss the counterclaim withoutprejudice.
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)Effective 1-1-87