Missouri: time limit to sue on a consumer debt
Mo. Rev. Stat. §§ 516.120, 516.110
In plain words
In Missouri, a creditor generally has 5 years to sue on most contracts, but 10 years on a writing promising to pay money — and which one covers a credit card is disputed. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Who is protected
Consumers facing collection of an old debt governed by Missouri law.
When it applies
- Only in Missouri.
- Another state's law may apply if the contract says so or you lived elsewhere when you signed.
What you can do
Open the Credit Health tool
Upload your free reports from AnnualCreditReport.com. The tool lists items you may want to check and explains your options. You decide what, if anything, to dispute.
Open the toolBefore paying an old debt, check the dates
The tool estimates whether the period may have run and warns about revival. If you are sued, answer on time and raise the defense; contact legal aid.
Open the tool
Honest limits
- The statute of limitations limits lawsuits. It does not erase the debt, and it does not control credit reporting (the FCRA 7-year rule does).
- Which period applies, and when it started, can be disputed. You usually must raise it yourself in court.
- This is general information, not legal advice. It does not promise any result.
The law
- State lawMissouri — statute of limitations
Mo. Rev. Stat. §§ 516.120, 516.110
What it says: a creditor generally has 5 years to sue on most contracts, but 10 years on a writing promising to pay money — and which one covers a credit card is disputed.
Read the official texthttps://revisor.mo.gov/main/OneSection.aspx?section=516.120
Court cases
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
No lawsuits or threats of lawsuits on time-barred debt
12 C.F.R. § 1006.26(b)
Once your state's statute of limitations has run on a debt, a debt collector may not sue you — or threaten to sue you — to collect it. Be careful: in many states a payment or written promise to pay can restart or revive the limitations period, so get advice before paying anything on an old debt.
Read this rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this rightTell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
Read this right