Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Missouri
How long a creditor or debt collector has to sue you over a debt in Missouri, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Five years. Missouri courts treat an ordinary credit-card account as an open account or general contract under §516.120, not as a written promise to pay under §516.110. There is a narrow exception: if the creditor can produce a signed written instrument (a promissory note or a signed agreement fixing the amount owed), it may argue for the 10-year period under §516.110. Most card accounts have no such signed writing, so 5 years is the usual answer.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Under §516.320, once a debt is barred, a new acknowledgment or promise to pay revives it only if it is in writing and signed by the person to be charged. A verbal promise does not count. Be careful before the period expires too: making a partial payment or signing anything that admits the debt can reset the running clock, so do not make a payment or sign an acknowledgment on an old Missouri debt without understanding the effect.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Missouri classifies each debt type.
| Debt type | Limit in Missouri | How it's classified |
|---|---|---|
| Credit card | 5 years | Open account (§516.120) |
| Written contract | 10 years (§516.110) | Missouri gives written promises to pay money or property a long 10-year clock, one of the longest in the country. |
| Oral contract | 5 years (§516.120) | — |
| Open account | 5 years (§516.120) | — |
| Promissory note | 10 years (§516.110) | A promissory note is a signed writing for the payment of money, so it sits on the 10-year clock under §516.110. |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Missouri debtors get wrong
Missouri runs a wide split that catches many people off guard: 10 years for a written promise to pay money or property under §516.110, and only 5 years for oral contracts, open accounts, and general contract claims under §516.120. Ten years is one of the longest written-contract windows in the nation, so a signed note in Missouri can stay enforceable far longer than debt in most states. The practical fight is almost always about which side of that line a debt falls on. Ordinary credit-card accounts usually land on the 5-year open-account side because there is rarely a signed writing that fixes the amount owed. Collectors sometimes reach for the 10-year period by pointing to a "cardholder agreement," so it pays to ask exactly what signed instrument they are relying on. To revive a debt that is already barred, Missouri requires a signed writing under §516.320.
Common questions
What is the statute of limitations on credit-card debt in Missouri?
Generally five years. Missouri courts treat a normal credit-card account as an open account or general contract under §516.120. The 10-year period under §516.110 applies only when there is a signed written instrument for the payment of money, which most card accounts do not have.
Why do I see 10 years listed for Missouri debt?
Ten years (§516.110) applies to written promises to pay money or property, such as a promissory note or a signed loan agreement. Oral contracts, open accounts, and general contract debts get the shorter 5-year period under §516.120. The 10-year figure is correct for signed writings, not for a typical credit card.
Can a partial payment restart the debt clock in Missouri?
It can matter. On a debt that is not yet barred, activity like a payment can affect when the clock is treated as running. But once a debt is already time-barred, §516.320 says only a written, signed promise or acknowledgment revives it, not a bare payment or a verbal promise. Avoid making payments or signing anything on an old debt until you know where the deadline falls.
How long does Missouri give on a promissory note?
Ten years. A promissory note is a signed writing for the payment of money, so it falls under §516.110 rather than the 5-year general contract rule in §516.120.
Does the Missouri deadline erase the debt?
No. The statute of limitations only limits when a creditor can sue you to collect. The debt itself still exists, it can still appear on your record for its own reporting period, and a signed written promise can revive an old barred debt under §516.320.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.