Rule 15.020 Dismissal of Small Claims for Want of Prosecution

If you file a small claims case and have the other side served with papers, you need to quickly turn in proof of that service to the court. This proof shows the court that the other person actually got notified about the case.

If you don't file this proof within 63 days after you first filed your complaint, the court can throw out your case for lack of action. The court expects you to keep things moving and not let the case sit without proper follow up.

Once you do file proof that someone was served, that person has 51 days to respond or show up in court. If they don't respond in that time, the court can dismiss your case against them, unless you've already asked the court for a default judgment. A default judgment is what you request when the other side never responds, so filing for one keeps your case alive even without a response from them.