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Spino v. Bhakta11/1/2005
determining the following cases or classes of cases:
(1) Except as otherwise provided by law, all civil actions and proceedings for the recovery of money, whether such action be founded upon contract or tort, or upon a bond or undertaking given in pursuance of law in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state, when the sum demanded, exclusive of interest and costs, does not exceed twenty -five thousand dollars[.]
Section 517.011, RSMo 2000. As stated, Spino is correct that there is no jurisdictional limitation regarding the amount the associate circuit division is authorized to enter by judgment. Section 478.220, RSMo 2000. However, while a jurisdictional monetary limitation of the associate circuit division does not exist, a monetary procedural limitation on cases filed pursuant to Chapter 517 does. In other words, the monetary distinction between associate circuit divisions and circuit divisions is alive but it is not jurisdictional. The distinction lies not with what kind of division the litigants are in but, rather, what kind of action was filed. If it is filed under Chapter 517, then the recovery limit is $25,000. This procedural limitation has nothing to do with the subject matter jurisdiction of the associate circuit division, which has the authority to hear cases where the disputed amount is in excess of $25,000; just not if the case was filed pursuant to Chapter 517.
Here it is undisputed that Spino's action was filed pursuant to Chapter 517. Recovery in an action filed under Chapter 517 is limited to $25,000. Section 517.011, RSMo 2000. Relief granted on a default judgment may not be greater than the amount demanded through the original pleadings as originally filed and served upon the defendant. Kocsis v. Kocsis, 28 S.W.3d 505, 509 (Mo. App. 2000). Here, the maximum amount available under Chapter 517 was $25,000 and, thus, the trial court did not err in reducing the amount of the default judgment accordingly.
The judgment is affirmed.
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