Sued for Debt in Missouri? Here's What to Do Next

30 days from service.

5 years for credit cards. 10 years for written contracts.

Yes, but head of household may qualify for 90% exemption.

Small claims up to $5,000. Circuit court for most debt lawsuits.

Missouri's SOL depends on how courts classify the underlying obligation. For open accounts and contracts not in writing, the SOL is 5 years under RSMo § 516.120. For written contracts, it is 10 years under RSMo § 516.110 - one of the longer SOLs in the country. Courts have generally treated credit-card debt as a written contract subject to the 10-year SOL when the cardholder agreement is in writing, which is most cases. Federal student loans have no SOL. Once the relevant period has passed (5 or 10 years from breach), the SOL is a complete defense if pleaded in your answer. Partial payments and written acknowledgments can restart the clock. Because Missouri's SOL is long, you may face suits on debts other states would consider stale - so confirm the dates carefully. If a collector sues on a debt past the SOL, plead it as an affirmative defense. Suing on time-barred debt is also a federal FDCPA violation, giving you a possible counterclaim.

Missouri has one of the strongest wage-garnishment protections in the country for heads of household. Under RSMo § 525.030, a head of household supporting one or more dependents can claim a 90% exemption from wage garnishment - meaning only 10% of disposable income (after taxes) can be garnished, instead of the federal 25%. Single individuals and non-heads of household are subject to the regular 25% federal cap or 30-times-minimum-wage floor, whichever is less. To claim the head-of-household exemption, you typically file a Claim of Exemption with the court that issued the garnishment, including proof of head-of-household status (tax returns, dependents, etc.). Many Missouri garnishments proceed without the consumer knowing about this exemption - they end up paying 25% when they could be paying 10% or nothing. If you are facing a Missouri garnishment, file the head-of-household claim as soon as possible. Missouri legal aid organizations and consumer attorneys handle these claims regularly, and federal FDCPA fee-shifting can fund representation if there are also collection-violation issues.

The Missouri Merchandising Practices Act (RSMo Chapter 407) is one of the country's broader UDAP statutes. Section 407.020 prohibits "any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact" in connection with the sale of merchandise. Missouri courts have applied the MMPA to debt-collection misconduct - false statements about amounts owed, threats of suit on stale debt, misrepresentation of legal status, harassment, etc. Section 407.025 allows private suits for actual damages, punitive damages, and attorney's fees. Recent amendments have added some procedural requirements but the statute remains a strong tool. Many Missouri consumer attorneys plead MMPA claims alongside federal FDCPA claims, multiplying the available remedies. The combined statutes can result in statutory damages, punitive damages, and full attorney-fee recovery. Document every violation carefully and keep records (calls, letters, account statements, court filings) to build the strongest possible case.

You generally have 30 days from service to file a written Answer with the court. Never ignore it - that leads to default judgment, which is enforceable for 10 years under RSMo § 516.350 (renewable). In your answer, raise every available affirmative defense: statute of limitations (5 or 10 years depending on debt type), lack of standing by debt buyer (demand chain-of-title proof), failure to validate under federal FDCPA § 1692g, improper service, head-of-household exemption (if garnishment is possible), and any specific factual disputes about the amount or existence of the debt. Missouri Associate Circuit Court is generally less formal than full Circuit Court, but the rules of evidence and procedure still apply. Many debt-buyer cases fail at trial because the buyer cannot produce the original cardholder agreement and full chain of assignments. Consider filing a counterclaim for federal FDCPA and Missouri MMPA violations if the collector engaged in any abusive conduct. Missouri Legal Services and private consumer attorneys take these cases on fee-shifting bases - representation often costs nothing if you have valid defenses.

Yes, but only after suing and obtaining a judgment, and even then subject to important exemptions. After a Missouri judgment is entered, the creditor can serve a writ of garnishment on your bank under RSMo Chapter 525 to freeze and seize funds. However, many categories of income are exempt: Social Security, SSI, VA benefits, unemployment, workers' compensation, child support received, and most public assistance. Federal regulation (31 CFR Part 212) requires banks to automatically protect two months of federal-benefit deposits in your account. Missouri also exempts certain wages already deposited under the head-of-household rule. If your account is frozen, file a Claim of Exemption with the court that issued the garnishment immediately - typically within 20 days under Missouri rules. Bring proof of the source of the funds (Social Security award letter, pay stub, VA letter, etc.). A Missouri consumer attorney can usually get exempt funds released quickly, and federal FDCPA fee-shifting often pays for representation. If the underlying judgment is challengeable (improper service, SOL, debt buyer with no proof), the entire judgment may be set aside.