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Statue of Limitations - Missouri

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800goal800
Frequent Contributor

Statue of Limitations - Missouri

Would anyone know the statute for credit card debt in Missouri ?  I’ve heard it’s either 5 or 10 and the state site is ambiguous.  

Message 1 of 16
15 REPLIES 15
Anonymous
Not applicable

Re: Statue of Limitations - Missouri

Message 2 of 16
800goal800
Frequent Contributor

Re: Statue of Limitations - Missouri

I saw that site.  Most others say 5 years.  I think the question is whether the credit card agreement is a written contract. 

Message 3 of 16
Anonymous
Not applicable

Re: Statue of Limitations - Missouri

I have never seen a credit card granted with a handshake...
Message 4 of 16
800goal800
Frequent Contributor

Re: Statue of Limitations - Missouri

https://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php

 

516.120.  What actions within five years. — Within five years:

  (1)  All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

 

  

516.110.  What action shall be commenced within ten years. — Within ten years:

  (1)  An action upon any writing, whether sealed or unsealed, for the payment of money or property

Message 5 of 16
FireMedic1
Community Leader
Mega Contributor

Re: Statue of Limitations - Missouri

So.................under this catagory in Missouri its 5 years.

Open-Ended Accounts

An open-ended account is one that has a varying revolving balance. You can borrow from it over and over as long as you continue to repay the balance. Open-ended accounts have pre-approved limits that allow you to have outstanding balance at any given time. Transactions that would exceed this limit are typically declined and not processed. A credit card and a line of credit are both examples of open-ended accounts.

All states SOL's with the 4 catagories.

Oral Agreements, Written Contracts, Promissory  Notes, amd Open Ended Accounts.

 

Side Note: Just because the debts have aged past the statute of limitation doesn't mean that you no longer owe money or that your credit rating cannot be impacted. It just means the creditor won't get a judgment against you—as long as you come to court prepared with proof that your debt is too old. 

 


Message 6 of 16
RobertEG
Legendary Contributor

Re: Statue of Limitations - Missouri

Five years.

 

Interpretation of when the 10 year or 5 year SOL applies under Missouri law is discussed in detail by a registered Missouri  attorney on their  web page at

http://sedalialawyers.com/2018/06/25/when-is-a-debt-no-longer-collectable/

 

“For claims brought under Missouri law, the period of the applicable statute of limitations depends on the nature of the claimed debt.  There are several different statute of limitations in Missouri for different types of claims.   In this article, I will consider only those type of claims related to “contracts”.    First of all, a contract is defined as a legally enforceable agreement between two or more parties that creates an obligation to do or not do particular things.  Examples of contracts can include an agreement to pay credit card charges, a lease agreement, a promissory note, an oral or written agreement to pay for natural gas or electricity provided to your residence and an agreement to pay for other things and services.

Generally, the statute of limitations on such debts is five years. (See Section 516.120. Revised Statutes of Missouri).   This five year statute of limitation applies to both oral and written agreements.  If the claim is based upon a “writing based upon a claim for payment of money or property” the ten year statute of limitations applies. (See Section 516.110 RSMo).     Please note that this ten year statute of limitations require both a “writing” and “a claim for money or property.”  There is a difference from a written claim based upon the payment of money or property than an agreement to pay a debt.  An example of a written claim payment for money would be a promissory note.  A written agreement where you agree to pay for charges from your credit card is not a claim “based upon payment for money”, but a claim based upon your promise to pay for you credit card charges,  Most written agreement do not involve claims for money or property and therefore the statute of limitations on these would be five years.”

Message 7 of 16
800goal800
Frequent Contributor

Re: Statue of Limitations - Missouri

Is the 5 years based on the month when it went 30 days or the month it was charged off ?  Is it actually based then on a certain day ?  If my account went 30 days late in “ Aug 2014 “, is it Aug 1 or 31st ?

Message 8 of 16
Hockeypnc1
Established Contributor

Re: Statue of Limitations - Missouri

What about Wisconsin?

Message 9 of 16
800goal800
Frequent Contributor

Re: Statue of Limitations - Missouri


@800goal800 wrote:

Is the 5 years based on the month when it went 30 days or the month it was charged off ?  Is it actually based then on a certain day ?  If my account went 30 days late in “ Aug 2014 “, is it Aug 1 or 31st ?


Would anyone know if the statute of 5 years is based on the month of first delinquency or month it was charged off ?  And is it any specific day of the month ?

Message 10 of 16
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