Missouri Statute of Limitations on Debt: What You Need to Know

Creditors typically start collection efforts 30 days after a missed payment. You’ll receive calls, letters, and emails demanding payment.

After 180 days of nonpayment, creditors often sell your debt to collection agencies. These agencies may pursue you indefinitely, even after the statute of limitations expires.

The statute of limitations sets a deadline for legal action. Once this deadline passes, creditors cannot sue you in court. Understanding these timeframes protects you from unlawful collection lawsuits.

Missouri Debt Statute of Limitations by Type

Missouri’s statute of limitations varies based on your debt type. Written contracts receive different treatment than oral agreements.

Unsecured Debt

Unsecured debts lack collateral backing. Credit cards and personal loans fall into this category.

Written contracts have a 10-year statute of limitations. Oral agreements have only 5 years.

Secured Debt

Secured debts include mortgages and auto loans. Creditors can seize collateral if you default on payments.

Missouri sets a 10-year statute of limitations for secured debts.

Other Common Debts

• Rent: 10 years
• Debt on account: 10 years
• Judgments: 10 years
• Money or property claims: 5 years

Knowing these deadlines helps you respond appropriately to collection attempts.

How to Handle Debt Collectors After the Statute Expires

Debt collectors may contact you even after the statute of limitations passes. You need to protect yourself from tactics that restart the clock.

Never Acknowledge Debt Ownership

Some collectors intentionally contact you about time-barred debts. They hope you’ll acknowledge ownership and reset the statute of limitations.

Instead, request a written validation notice. The Federal Trade Commission requires collectors to send this within five days.

The validation notice includes the original creditor’s name, amount owed, and breach date. Review this information carefully before responding.

If the statute has expired, send a cease communication letter. The collection agency must stop contacting you after receiving it.

Avoid Payment Agreements

Payment agreements can restart the statute of limitations. Once restarted, creditors gain the right to sue you.

If you must negotiate, get everything in writing. Collectors may promise partial payment forgiveness but later claim you restarted the clock.

Partial payments are especially risky. Collectors can use them as evidence you acknowledged the debt.

Need help responding to a debt lawsuit? Our partner Solo makes filing a legal response simple and affordable.

Should You Pay Time-Barred Debt?

You face a difficult decision when collectors pursue expired debts. Some people feel morally obligated to pay regardless of legal deadlines.

Consider these factors before paying old debts.

Reasons to Pay

Clearing old debts may improve your credit situation. Outstanding debts damage your credit score for seven years.

Bad credit affects your ability to secure mortgages, credit cards, and loans. Paying off old debts removes these obstacles.

Reasons Not to Pay

After the statute expires, you have no legal obligation to pay. Collectors cannot sue you successfully in court.

The debt will disappear from your credit report after seven years. Waiting may be your best financial strategy.

Remember that partial payments restart the statute of limitations. Only pay in full or through written agreements.

Fighting Lawsuits Filed After the Statute Expires

Some collectors file lawsuits outside the statute of limitations. You must respond even when you have a strong defense.

Missouri gives you 30 days to file an Answer after receiving a lawsuit. Missing this deadline results in automatic judgment against you.

How to File Your Answer

You can file in person or by mail. Your Answer must address each claim in the lawsuit.

Our partner Solo helps you draft professional responses in minutes. Answer a few questions and receive a completed Answer document.

You can file the document yourself or have an attorney review and file it. Professional review ensures your Answer meets all court requirements.

Include the Statute of Limitations Defense

Your Answer should clearly state the statute of limitations has expired. Judges typically dismiss cases when this defense applies.

Gather evidence of when you last made a payment. Payment records, bank statements, and correspondence prove the debt is time-barred.

Never ignore a lawsuit, even for expired debts. Default judgments give collectors wage garnishment and bank levy rights.

Protecting Your Rights Under Missouri Law

Missouri consumers have strong protections against unfair collection practices. Federal and state laws regulate collector behavior.

Collectors cannot harass you, use deceptive tactics, or contact you at unreasonable times. Document every interaction with collection agencies.

If collectors violate your rights, you can sue them. Violations may entitle you to damages and attorney fees.

Keep detailed records of all communications. Save letters, emails, and record phone call dates and times.

When to Seek Legal Help

Complex debt situations benefit from professional guidance. An attorney helps you understand your options and rights.

Consider legal help when facing multiple lawsuits or aggressive collectors. Attorneys negotiate better settlements and protect you from legal mistakes.

You can also handle many situations yourself using affordable tools. Our partner Solo provides resources for responding to debt lawsuits without expensive attorney fees.

Moving Forward After Debt Collection Issues

Old debts create stress and financial uncertainty. Understanding your rights gives you control over the situation.

The statute of limitations provides powerful legal protection. Use it to defend yourself against unlawful collection attempts.

Whether you choose to pay or fight, take action within legal deadlines. Ignoring debt problems only makes them worse.

You have options for resolving debt issues. Choose the path that best fits your financial situation and goals.