How to Answer a Summons for Debt Collection in Missouri (2025)

You have 30 days to respond to a debt lawsuit in Missouri. Filing an Answer document is your best defense. Your Answer should address each claim and assert your affirmative defenses. Our partner Solo makes it easy to draft and file an Answer.

The process of responding to a debt lawsuit is simpler than you think. This guide walks you through every step to answer a summons in Missouri.

You’ll find Missouri-specific information on deadlines, forms, and filing procedures below. Everything you need to protect yourself is right here.

Missouri Deadline for Answering a Debt Collection Summons

Missouri law gives you 30 days to file an Answer after service. The Summons and Complaint are documents that start the lawsuit against you. The Complaint lists allegations like the debt amount and your responsibility.

These documents show the filing date stamped by the court. They also include a certificate of service showing when you were served. You start counting your 30 days from that service date.

Keep these important details in mind:

• Courts strictly enforce these deadlines
• The clock starts when you’re officially served
• The 30 days includes weekends and holidays
• If day 30 falls on a closed court day, you get until the next business day

We strongly recommend submitting your Answer well before the deadline. Don’t wait until the last day.

Missouri Answer to Summons Forms

Our partner Solo offers a quick and easy form to draft your response. You answer a few questions and they translate your responses into proper legal format. An attorney reviews and files your documents. You can relax knowing everything is handled correctly.

The Missouri Court system offers many forms on their website. Unfortunately, they don’t have a blank Answer template. You can review a general sample answer for Missouri here.

We’ll explain what your Answer needs and how to format it below.

Steps to Respond to a Debt Collection Case in Missouri

The plaintiff serves you with a Summons and Complaint by mail or in person. You have 30 days to respond by filing an Answer. Missing this deadline results in an automatic default judgment against you.

Your Answer must be properly formatted with appropriate legal language. Include the case information: your name and address, plaintiff’s name and address, attorney’s name and address, case number, and court information.

The good news? You don’t need to figure out most of this information. Use the Summons and Complaint as your guide. The plaintiff already determined the proper jurisdiction and filed initial paperwork. Create a caption for your Answer that mirrors the Summons and Complaint.

Our partner Solo helps you prepare your Answer with all necessary formatting. Follow these steps to respond to your Missouri debt lawsuit:

1. Answer each issue of the complaint
2. Assert affirmative defenses
3. File one copy with the court and serve the plaintiff with another

We’ll explore each step below.

1. Answer Each Issue of the Complaint

You need to read the complaint and respond to each numbered paragraph. You have three response options:

• Admit
• Deny
• Deny due to lack of knowledge

Choose one response and write it into your Answer. List each answer with the number matching the complaint’s paragraph. Answering “admit” for true information (like your name) causes no harm. Answer “deny” strategically to protect your position.

The third response exists for information you genuinely don’t know. You might not know if the suing party actually holds your debt. Saying you lack information is perfectly proper. Make sure your numbered paragraphs match the Complaint’s numbered paragraphs.

Alternatively, you can make a general denial. A general denial denies everything in the Complaint. You force the plaintiff to prove every claim. Many attorneys use this strategy.

2. Assert Affirmative Defenses

Now you can fight back by asserting your affirmative defenses. An affirmative defense explains why the plaintiff doesn’t have a case.

Add any documentation you have as evidence. List all relevant affirmative defenses in your Answer.

Here are common defenses we see:

• The account isn’t yours. You might be confused with someone else. You could be an identity theft victim. Maybe the wrong account number is listed. Attach statements showing you’re current on payments.
• The debt has been paid or excused. You don’t owe anything. Attach documentation showing the account is paid in full or settled.
• The plaintiff doesn’t own the debt. Debt collection agencies often can’t prove they hold the debt. They need a paper trail showing ownership.
• The debt was discharged in bankruptcy. Third-party collectors often don’t check bankruptcy records. If your debt was discharged, you have no legal responsibility to pay.
• The amount is incorrect. You might owe a debt that grew unreasonably through fees and interest charges.
• The statute of limitations expired. Missouri gives creditors three to ten years to sue depending on debt type. We’ll examine this more below.

Being unable to pay is not normally a legal defense.

You can also assert counterclaims for any wrongdoing by the plaintiff. Unlike most states, Missouri doesn’t have its own Fair Debt Collections Act. Consumers are protected under the Federal Fair Debt Collections Act.

If the plaintiff violated FDCPA provisions like harassment, you must prove your counterclaims at trial. Attach supporting documents or evidence. You may need to fill out a “statement of damages” form.

3. File the Answer With the Court and Serve the Plaintiff

After completing your Answer, you have one critical task remaining. All your efforts mean nothing unless you properly file and serve your Answer.

Our partner Solo easily handles this step for you.

Here’s what you need to do:

• Print at least two copies of your Answer
• Mail one copy to the court
• Mail the other copy to the plaintiff’s attorney

Print an additional copy for your records and hearing. Try the Missouri Public Library System or office supply stores for affordable printing. Find the addresses for the court and plaintiff’s attorney on your Summons and Complaint.

Filing an Answer blocks a default judgment and buys you time. You can explore ways to resolve the lawsuit like debt settlement.

Settle Debt in Missouri

Settling your debt gets you out of the hole once and for all. You’ll pay less than you currently owe. Here’s how to settle debt in Missouri.

File an Answer First

Forget settling until you overcome the initial legal challenges. If you’ve been sued for debt, file an Answer with your local court. You show you’re willing to fight the lawsuit. Failing to file an Answer by the deadline results in default judgment. In Missouri, you have only 30 days to file.

Our partner Solo makes filing an Answer easy. Use their online tool to answer questions and draft your Answer. Print it yourself or have them file it for you.

Make an Initial Offer to Start Negotiating

Open negotiations by agreeing to pay 60% of your current balance. Ideally, they’ll accept this offer. If not, they’ll present a counteroffer. Repeat this process until you reach a mutually agreeable solution.

The negotiation process becomes easier with professional help. You can submit offers and reach a settlement agreement more efficiently. Payment details can be handled once you’ve worked out the terms.

Get Your Final Settlement Agreement in Writing

Once you reach a settlement, get the agreement in writing. Your document provides a written record of your final settlement amount and repayment terms. Without it, dishonest collectors may still seek default judgment.

A written debt settlement agreement protects you from further legal complications. It proves your debt has been settled for less than the original balance.

Statute of Limitations on Debt in Missouri

Missouri statute of limitations varies based on debt type. Most debts have a ten-year statute of limitations in Missouri. These include credit card, medical, student loan, auto loan, and personal loan debts. Mortgage debt has a twenty-year statute of limitations.

Creditors and debt collectors have ten years to sue you for most debts. The clock typically starts from your last action on the account. They have 20 years for mortgage debt. If your debt is past the statute of limitations, you can use it as a defense to get the lawsuit dismissed.

You are responsible for bringing up the statute of limitations. The judge won’t research this for you.

Source: Mo. Rev. Stat. § 516.110, 516.150, and 516.350

Missouri Debt Collection Laws Protect Consumers

Missouri residents are protected from aggressive or deceptive debt collection practices. Federal and state laws shield you from abuse. Here are some relevant Missouri debt collection laws.

Federal Laws Protect You From Aggressive Debt Collectors

Two federal debt collection laws shield you from abusive practices. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from:

• Calling multiple times per day
• Calling before 8 a.m. or after 9 p.m.
• Failing to identify themselves as debt collectors
• Refusing to validate your debt
• Contacting your friends, family, or coworkers about your debt
• Contacting you after they know you have an attorney
• Threatening you with arrest for not repaying

Additionally, the Consumer Financial Protection Bureau issued a Debt Collection Rule complementing the FDCPA. Debt collectors can’t call you more than seven times within seven days. They can’t call seven days after their initial phone conversation with you.

Missouri Consumers Are Protected by State Law

The Missouri Merchandising Practices Act (MMPA) benefits Missouri residents. This legislation provides protections like:

• Prohibiting unfair or deceptive debt collection practices
• Permitting consumers to take legal action against debt collectors
• Requiring debt collectors to provide consumers with a dispute process

Consumers get relief from aggressive debt collectors. You have a right to protect yourself against unfair or manipulative practices.

Consumers Are Protected From Time-Barred Debt

Debt collectors can’t take legal action once the statute of limitations expires. Your debt doesn’t disappear when the statute expires. But collectors can’t sue you for time-barred debt.

Your statute of limitations begins on your most recent payment date. Some collectors pressure you into making a payment. If you do, you restart the statute of limitations. You give collectors the maximum window to sue you.

Find Debt Relief in Missouri

Consumer debt makes it challenging to manage other bills or apply for future loans. Several options for debt relief in Missouri exist.

Use a Debt Consolidation Loan

Most debt consolidation programs are actually loans. They replace multiple loans with a single loan. You ideally get lower interest rates or favorable loan terms. A longer loan term means smaller, more manageable monthly payments.

You can secure a lower interest rate to save money long-term. The best rates usually go to those with strong credit. Keep that in mind when searching for consolidation loans.

Refinance Your Loans

Refinancing means replacing your current loan with an entirely new one. This works best when:

• You secure a longer term that reduces monthly payments
• Your new loan offers lower interest rates to save money

Homeowners might refinance their mortgage. You may use home equity to pay down existing debt. Remember you’ll still be responsible for paying your new loan.

Use a Balance Transfer Card

Some credit card companies offer a “balance transfer card.” You transfer balances from other cards onto a single account. Card issuers commonly offer promotional rates as low as 0% APR for the first year. If you can pay off your debt during this time, a balance transfer card offers an interest-free path.

Terms and conditions vary by card issuer. Some may revoke promotional rates if you miss a payment. Adhere closely to the repayment schedule.

Create a Debt Management Plan

A debt management plan arranges your budget so you can repay debt and manage finances. The Department of Justice has a list of approved credit counseling agencies that can assist you. Some agencies work with your creditors to negotiate a new payment plan. Creditors aren’t required to participate. But it’s a solid option for those struggling with ongoing debt.

Settle Debt for Less

Most creditors and debt collectors prefer accepting a lower settlement than chasing you. A debt settlement company asks you to contribute payments to a dedicated account. Once this account reaches a predetermined threshold, the company negotiates with your creditors on your behalf.

The catch? Your credit continues to suffer during this vesting period. Debt settlement agencies typically charge for their services.

Stop Wage Garnishment in Missouri

When you lose a debt collection court case, the judge can order wage garnishment. Debt collectors can only garnish wages with a court order. Even then, limits exist on how much they can take.

Here’s what to know about how to stop wage garnishment in Missouri.

Debt Collectors Have Limits on Wage Garnishment

Missouri debt collectors are restricted in garnishment amounts. Under Mo. Ann. Stat. § 525.030, creditors can only garnish up to the lesser of:

• 25% of any disposable earnings
• The total amount by which your disposable earnings exceed 30 times $7.25 an hour (the federal minimum wage)

“Disposable earnings” refers to your paycheck after mandatory withholdings. Mandatory withholdings include state and federal taxes. Voluntary withholdings (retirement and health insurance) still count as garnishable income.

File an Exemption

You can minimize wage garnishment effects by filing a claim for exemption. If you’re the primary supporter of dependents, you can reduce wage garnishment to just 10% of disposable earnings.

Prevent Wage Garnishment by Responding to a Lawsuit

Many debt collection cases are lost due to default judgment. Respond quickly to your debt collection lawsuit by filing an Answer with the court.

Doing so prevents you from losing by default. You gain time to address your debt. Settling your debt eliminates it altogether. You avoid wage garnishment or other judgments.

Check the Status of Your Court Case in Missouri

Have you been sued over past debt? Stay on top of your lawsuit details. Here’s how to check the status of a court case in Missouri.

Find Out Which Court Is Hearing Your Case

Missouri courts are divided into three levels:

• Supreme Court
• Intermediate Appellate Court
• Trial Court

Trial courts are further divided into municipal courts, circuit courts, and the Administrative Hearing Commission. Debt collection cases are typically tried in circuit courts. Remember this detail when tracking your court case.

Locate Your Case Number

Each case gets a corresponding case number. Your case number appears on any court correspondence.

Can’t find your case number? Submit a request through the court clerk. You can make a request in person or online using the state’s CaseNet website. Some counties require requests by mail. Contact the court clerk for more details.

Search for Your Court Records Online

Search for your case using CaseNet’s case search feature. You’ll need to become a registered user. It’s free to sign up. You can search by case number or browse results based on case type or party names.

Request Your Court Records in Person

You can get your court records in person. Make a request to the courthouse hearing your case. Find your courthouse using the Missouri court system’s online directory. Request your records from the court clerk. There may be a small printing fee.

Missouri Legal Aid Organizations

All states have government-funded organizations providing free legal services. Below are legal aid organizations in Missouri available to residents who cannot afford legal counsel.

• Missouri Legal Services
• Legal Aid of Western Missouri
• Legal Services of Eastern Missouri
• Legal Services for Southern Missouri
• Mid-Missouri Legal Services

File an Answer in Your Local Missouri Court

Ready to draft and file your Answer? Find your local court in Missouri below to get started.

• Circuit Court of Osage County, Missouri – Associate Judge Division
• Circuit Court of Buchanan County, Missouri – Associate Division
• 15th Judicial Circuit, Lafayette County, Missouri
• Circuit Court of Franklin County, Missouri – Associate Circuit Division
• 26th Judicial Circuit, Laclede County, Missouri
• Circuit Court of City of St. Louis County, Missouri – Associate Circuit Division
• Circuit Court of Scott County, Missouri
• 21st Judicial Circuit, St. Louis County, Missouri
• Circuit Court of Barry County, Missouri
• Eleventh Judicial Circuit, St Charles County, Missouri – Associate Judge Division
• Greene County Circuit Court, Missouri
• 11th Judicial Circuit, St. Charles County, Missouri
• Circuit Court of Platte County, State of Missouri
• Circuit Court of Jackson County at Independence, Missouri
• 22nd Judicial Circuit, County of St Louis, Missouri
• Circuit Court of Jackson County at Kansas City, Missouri
• Circuit Court of Moniteau County, Missouri
• Howell County Circuit Court, Missouri
• Circuit Court of Polk County, Missouri
• Circuit Court of Cole County – Associate Judge Division
• Circuit Court of Crawford County, Missouri – Associate Judge Division
• 8th Judicial Circuit, Ray County, Missouri
• Circuit Court of Cass County, Missouri – Associate Division
• 32nd Judicial Circuit, Cape Girardeau County, Missouri
• 29th Judicial Circuit, Jasper County, Missouri
• Circuit Court of Jasper County – Associate Circuit Division
• 9th Judicial Circuit, Linn County, Missouri
• 26th Judicial Circuit, Miller County Missouri
• 43rd Judicial Circuit, Daviess County, Missouri
• 27th Judicial Circuit Court, St. Clair County, Missouri
• 24th Judicial Circuit, St. Francois County, Missouri
• Circuit Court of Camden County, Missouri – Associate Division
• 35th Judicial Circuit, Dunklin County, Missouri
• 28th Judicial Circuit, Vernon County, Missouri
• Circuit Court of Pettis County, Missouri Associate Circuit Division
• 42nd Judicial Circuit, Division 3, Iron County Missouri
• Associate Circuit Court of Perry County State of Missouri
• 36th Judicial Circuit, Ripley County, Missouri
• 30th Judicial Circuit Court Webster County, Missouri
• Circuit Court of Saline County, Missouri Associate Circuit Division
• 17th Judicial Circuit, Cass County, Missouri
• 24th Judicial Circuit, Ste. Genevieve County, Missouri