Missouri has two main deadlines for suing on a debt. A writing that promises to pay money gets 10 years [1]. Most other contracts and obligations, written or implied, get 5 years [2]. Which one applies depends on the documents, and courts sometimes disagree about where a given account fits.
At a glance
- Writing for the payment of money
- 10 years [1]
- Other contracts, express or implied
- 5 years [2]
- Sale of goods contracts
- 4 years [3]
- Court judgments
- Presumed paid after 10 years unless revived [7]
- Credit report
- About 7 years from first delinquency, separately [8]
| Type of claim | Deadline | Law |
|---|---|---|
| Action on a writing for the payment of money or property | 10 years | RSMo § 516.110 |
| Contracts, obligations or liabilities, express or implied | 5 years | RSMo § 516.120 |
| Breach of a contract for the sale of goods | 4 years | RSMo § 400.2-725 |
| Enforcing a judgment | Presumed paid after 10 years unless revived | RSMo § 516.350 |
10 years or 5
Missouri’s 10-year rule covers “an action upon any writing” for the payment of money or property [1]. A signed promissory note is the clearest example. The 5-year rule covers contracts, obligations and liabilities, “express or implied,” other than those in the 10-year rule [2].
Credit cards and other revolving accounts don’t have their own line in the statute. Whether a creditor gets 5 or 10 years can turn on what the written agreement says and what the creditor can prove. That’s a question for a lawyer looking at your actual papers.
Goods bought on credit
A claim for breach of a contract to sell goods has 4 years from the breach [3]. The original agreement can shorten that to as little as one year, but can’t extend it [3].
Debts from another state
If a claim is already fully barred under the law of the state where it arose, that bar is a complete defense in a Missouri court too [6].
What can restart the clock
Missouri’s rule on acknowledgments is strict. An acknowledgment or new promise doesn’t extend the deadline unless it’s in a writing signed by you [4]. A phone call or verbal promise doesn’t do it under that section.
Payments are different. The same chapter says the writing rule doesn’t “alter, take away or lessen the effect of a payment” [5]. The federal consumer bureau warns that making a partial payment on an old debt may restart the time period [9].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still ask you to pay, but they can’t sue or threaten to sue over it [9].
If you’re sued anyway, the deadline doesn’t protect you automatically. You have to raise it in court [9]. Read the summons, show up on the court date, and say the debt is too old. If you don’t appear, the court can enter a judgment against you.
Judgments last longer
Once a creditor wins in court, the judgment has its own clock. Missouri presumes a judgment paid after 10 years from the date it was entered [7]. If the judgment is revived with personal service on the debtor, or a payment is entered on the record, a new 10-year period runs from that revival or payment [7]. After that, no execution or suit can issue on it [7].
The credit report clock is different
How long a debt can appear on your credit report is a federal rule, separate from Missouri’s deadline to sue. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, with the seven years starting 180 days after the delinquency began [8]. A debt can fall off your report while it’s still collectible, or stay on your report after the deadline to sue has passed.
Accurate information can be reported for that full period. If an account is wrong, or still listed after the reporting period ends, you can dispute it with the credit bureaus for free. For the federal timelines, see BestAmerica’s guide to how long negative items stay on a credit report.
Where to get help
- Legal aid: Missouri’s legal aid programs help eligible people answer debt lawsuits.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [9].
- A consumer attorney: worth a call if you’re sued on an old account.
Sources
- Revised Statutes of Missouri § 516.110: Ten-year actions (writings for the payment of money)
- Revised Statutes of Missouri § 516.120: Five-year actions (contracts)
- Revised Statutes of Missouri § 400.2-725: Contracts for sale of goods
- Revised Statutes of Missouri § 516.320: Written acknowledgment or promise
- Revised Statutes of Missouri § 516.340: Effect of payments
- Revised Statutes of Missouri § 516.190: Claims barred in another state
- Revised Statutes of Missouri § 516.350: Judgments presumed paid after 10 years
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
Common questions
How long can a creditor sue on a debt in Missouri?
It depends on the paperwork. Missouri gives 10 years for an action on a writing for the payment of money, such as a promissory note, and 5 years for other contracts and obligations, written or implied. A breach of a contract for the sale of goods has 4 years.
What restarts the statute of limitations in Missouri?
Missouri law says an acknowledgment or new promise counts only if it's in a writing signed by the debtor. The same law says that rule doesn't lessen the effect of a payment. The CFPB warns that a partial payment may restart the clock, so get advice before paying on an old debt.
How long does a judgment last in Missouri?
A judgment is presumed paid after 10 years, unless it was revived or a payment was recorded on it. Revival or a recorded payment starts a new 10-year period.