Sued by a debt collector in Missouri

Your deadline to answer a debt lawsuit in Missouri, what happens if you don't, old debts as a defense, and the steps to take now.

Short answer

Check your court papers for the deadline. Associate circuit court (most debt cases): you do not have to file a written answer, but any affirmative defenses or counterclaims must be filed in writing by the return date and time on the summons, and you should be in court then (Mo. Rev. Stat. § 517.031). If you don't appear on the return date, the court can enter a default judgment against you. Too old? Missouri allows 10 years to sue on a written contract, and an older debt can be a defense.

Time to answer
Date on the summons
Time limit to sue (written contract)
10 years

The answer deadline in Missouri

Time to answer
Associate circuit court (most debt cases): you do not have to file a written answer, but any affirmative defenses or counterclaims must be filed in writing by the return date and time on the summons, and you should be in court then (Mo. Rev. Stat. § 517.031).

In our 48 state guides, the time to answer runs from about 14 to 30 days; in Missouri, the rule above and your summons decide.

In nearby states

What a default means in Missouri

If you don't appear on the return date, the court can enter a default judgment against you.

After a judgment in Missouri

  • Wage limit: For most people the federal limit applies (25% of take-home pay, or the amount above 30 times the federal minimum wage, whichever is less).
  • Property: Home: $15,000 of value now; rises to $40,000 on January 1, 2027 (Mo. Rev. Stat. § 513.475, as amended by H.B. 1870 (2026)).

Missouri's garnishment rules

Old debts as a defense in Missouri

Missouri's time limit to sue is 10 years for written contracts and 5 years for open accounts (Mo. Rev. Stat. § 516.110(1) (action on any writing for the payment of money: 10 years); § 516.120(1) (other contracts: 5 years); §§ 516.320, 516.340). On whether a payment restarts the clock in Missouri: A promise or acknowledgment restarts the clock only if it is in writing and signed by you (Mo. Rev. Stat. § 516.320). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Missouri's statute of limitations

Steps after a debt lawsuit in Missouri

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    In Missouri: Associate circuit court (most debt cases): you do not have to file a written answer, but any affirmative defenses or counterclaims must be filed in writing by the return date and time on the summons, and you should be in court then (Mo. Rev. Stat. § 517.031).

  3. Send in your answer

    Give the answer to the clerk and send a copy to the other side's lawyer.

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Missouri's 10 years for written contracts?

  5. Go to every hearing

    Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Free help in Missouri

Questions about debt lawsuits in Missouri

How many days do I get to answer a debt suit in Missouri?

Associate circuit court (most debt cases): you do not have to file a written answer, but any affirmative defenses or counterclaims must be filed in writing by the return date and time on the summons, and you should be in court then (Mo. Rev. Stat. § 517.031).

Can a collector win by default in Missouri?

If you don't appear on the return date, the court can enter a default judgment against you.

Can I use the statute of limitations as a defense in Missouri?

Missouri's time limit to sue is 10 years for written contracts and 5 years for open accounts (Mo. Rev. Stat. § 516.110(1) (action on any writing for the payment of money: 10 years); § 516.120(1) (other contracts: 5 years); §§ 516.320, 516.340). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

More for Missouri

Sources

Last checked: Oct 24, 2026.

Federal sources