Missouri debt statute of limitations

Missouri limitation periods by type of debt

Open-account debt is 5 years (§ 516.120); writings for the payment of money 10 years (§ 516.110). Credit-card categorization is litigated; 5-year open account is the standard treatment.

What the Missouri statute says

“What action shall be commenced within ten years. — Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;”
Mo. Rev. Stat. § 516.110(1)

“What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied,”
Mo. Rev. Stat. § 516.120(1)

Does paying restart the clock in Missouri?

An acknowledgment or promise only counts if it is in a signed writing (Mo. Rev. Stat. § 516.320).

“or deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing subscribed by the party chargeable thereby.”
Mo. Rev. Stat. § 516.320

If a creditor wins a judgment in Missouri

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Missouri rules take over.

How long a judgment lasts

A Missouri money judgment is conclusively presumed paid, and no execution may issue on it, ten years after it was rendered, ten years after it was revived upon personal service on the debtor, or ten years after the last payment entered on the record, whichever applies.

“after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever.”
Mo. Rev. Stat. § 516.350(1)

Wage garnishment

Missouri limits wage garnishment to the least of 25% of weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or 10% if the employee is a head of a family and a Missouri resident; the limits do not apply to support orders, Chapter 13 orders, or tax debts.

“twenty-five percentum, or, (b) the amount by which his aggregate earnings for that week, after the deduction from those earnings of any amounts required to be withheld by law, exceed thirty times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, or, (c) if the employee is the head of a family and a resident of this state, ten percentum, whichever is less.”
Mo. Rev. Stat. § 525.030(2)(1)

Small claims court

Missouri small claims court hears civil cases where the amount in controversy does not exceed $5,000, exclusive of interest or costs.

“When sitting as a small claims court, the judge shall have original jurisdiction of all civil cases, whether tort or contract, where the amount in controversy does not exceed five thousand dollars, exclusive of interest or costs, or as provided in this chapter.”
Mo. Rev. Stat. § 482.305

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Missouri treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Missouri?

5 years for credit-card debt and 10 years on a written contract, under Mo. Rev. Stat. § 516.110; § 516.120. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Missouri?

An acknowledgment or promise only counts if it is in a signed writing (Mo. Rev. Stat. § 516.320).

How long does a court judgment last in Missouri?

A Missouri money judgment is conclusively presumed paid, and no execution may issue on it, ten years after it was rendered, ten years after it was revived upon personal service on the debtor, or ten years after the last payment entered on the record, whichever applies. (Mo. Rev. Stat. § 516.350(1)).

How much of my pay can be garnished in Missouri?

Missouri limits wage garnishment to the least of 25% of weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or 10% if the employee is a head of a family and a Missouri resident; the limits do not apply to support orders, Chapter 13 orders, or tax debts. (Mo. Rev. Stat. § 525.030(2)(1)).

What if I am sued on an old debt in Missouri?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.