Sued in Missouri? You may have only 30 days to answer
Associate circuit case (most debt cases): by the date on your summons. Circuit judge case: 30 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Missouri
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Missouri guides by topic
How to answer in Missouri
Your deadline by court, the official form, fees and defenses.
Default judgment in Missouri
What a default means and how to set it aside, with a calculator.
After a judgment in Missouri
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Missouri
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Missouri
Circuit Court, Associate Circuit Division
Most consumer debt lawsuits are heard here under the simpler procedure of RSMo chapter 517, for claims up to $25,000 not counting interest and costs.
Law: RSMo § 517.011.1(1)
Small Claims Court (Associate Circuit)
Small claims cases up to $5,000, not counting interest and costs.
Law: RSMo § 482.305
Circuit Court (circuit judge)
Larger debt cases follow the full Rules of Civil Procedure, including the 30-day written answer rule.
Law: Mo. Sup. Ct. R. 55.25(a)
How to answer in Missouri
- How to answer
File any written affirmative defenses, counterclaims or answer with the circuit clerk in the county where you were sued, send a copy to the plaintiff's lawyer, and go to court on the return date.
- How you must be served
The sheriff or a non-party adult (18 or older) must deliver the summons and petition to you personally, or leave them at your home with someone 18 or older who lives there, or give them to your authorized agent. You can also sign a written acknowledgment of service, including by mail.
Law: Mo. Sup. Ct. R. 54.13(a)-(c); R. 54.16
Law: RSMo § 517.031.2; Mo. Sup. Ct. R. 55.25(a)
Defenses to know in Missouri
- Defenses in Missouri law
In associate circuit cases, all statements in the petition are treated as denied even if you file nothing, but affirmative defenses, such as the statute of limitations, must be filed in writing by the return date. The limit is 10 years for an action on a writing promising to pay money and 5 years for other contracts.
Law: RSMo § 517.031.2; RSMo §§ 516.110(1), 516.120(1)
- Debt buyer lawsuits
- Missouri has no special court rule for debt buyer lawsuits. Debt buyer lawsuits in Missouri: the full rules
- Time limit to sue (written contract)
- 10 years · More on old debts at Debt Collector Map
If you missed the deadline in Missouri
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
In an associate circuit case, if you were properly served and do not appear in court on the return date (or a later date the case was continued to), the court can enter a default judgment based on the plaintiff's sworn statement or other evidence. In a circuit judge case, a default judgment can be entered if you do not file an answer or otherwise defend as the rules require, once the plaintiff proves its damages.
- How to set it aside (cancel it)
File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless). File it within a reasonable time, and no later than 1 year after the default judgment. The court may require you to pay the other side's fees caused by the default.
Law: RSMo § 517.131; Mo. Sup. Ct. R. 74.05(a), (d)
Count your deadline to set aside a default
If there is a judgment in Missouri
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
9% a year in non-tort cases such as debt suits, or the contract rate if the contract bears more than 9%, from the date of judgment until paid.
- How long it lasts
A judgment is presumed paid 10 years after it was entered, after the last recorded payment, or after it was revived. The creditor can revive it by a motion filed within 10 years after entry, the last payment of record, or the last revival; you get an order to show cause why it should not be revived.
Law: RSMo § 408.040.2; RSMo § 516.350.1; Mo. Sup. Ct. R. 74.09
Garnishment, bank levy and exemptions in Missouri
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
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). If you are the head of a family and a Missouri resident, no more than 10% can be taken.
Law: RSMo § 525.030(2)
- Bank levy (freezing and taking money in your bank account)
The creditor gets a writ of garnishment served on your bank by the sheriff. Within 5 days, both the creditor and the bank must send you a copy of the summons and writ. Missouri has no fixed dollar amount automatically protected in a bank account, but exempt funds can be claimed. A head of family may claim $1,250 plus $350 per dependent child in other property, except 10% of wages.
Law: for example under RSMo §§ 513.430 and 513.440, or federal benefits protected by 31 C.F.R. Part 212; RSMo § 513.440
- How to claim an exemption
File a verified (sworn) claim of exemption with the court and serve a copy on the creditor within 20 days after you are served with the notice of garnishment. If the creditor does not ask for court review within 20 days, the exempt funds must be released. If it objects, the court decides, with any hearing held within 30 days.
Law: Mo. Sup. Ct. R. 90.03(b)-(c); R. 90.035
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Missouri
Count your deadline to claim an exemption
Free help in Missouri
- Legal Services of Eastern Missouri (free legal aid)
- Legal Aid of Western Missouri (free legal aid)
- The Missouri Bar (lawyer search and referral)
- Missouri Attorney General Consumer Protection Hotline · 1-800-392-8222
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Missouri
- In associate circuit court you do not have to file a written answer; everything in the petition is treated as denied, but affirmative defenses must be in writing by the return date (RSMo § 517.031.2).
- Heads of family in Missouri can have no more than 10% of their wages garnished (RSMo § 525.030(2)).
- You have 20 days after being served with a garnishment notice to file a sworn claim of exemption (Mo. Sup. Ct. R. 90.035(b)).
Changes in 2024–2026
H.B. 1870 (2026) raises the homestead exemption from $15,000 to $40,000, effective January 1, 2027.
Law: RSMo § 513.475
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Missouri
How long do I have to answer a debt lawsuit in Missouri?
Associate circuit case (most debt cases): be in court on the return date and time on your summons. You do not have to file a written answer, but any affirmative defenses (such as the statute of limitations) or counterclaims must be filed in writing by that return date and time, unless the court allows later filing. Circuit judge case: file a written answer within 30 days after you are served (or within 30 days after the mail receipt or acknowledgment is filed, if you were served by mail).
How do I answer a debt lawsuit in Missouri?
File any written affirmative defenses, counterclaims or answer with the circuit clerk in the county where you were sued, send a copy to the plaintiff's lawyer, and go to court on the return date.
What happens if I don't answer in Missouri?
In an associate circuit case, if you were properly served and do not appear in court on the return date (or a later date the case was continued to), the court can enter a default judgment based on the plaintiff's sworn statement or other evidence. In a circuit judge case, a default judgment can be entered if you do not file an answer or otherwise defend as the rules require, once the plaintiff proves its damages.
Can I cancel a default judgment in Missouri?
File a motion that states facts showing a meritorious defense and good cause (good cause includes a mistake, or conduct that was not intentional or reckless). File it within a reasonable time, and no later than 1 year after the default judgment. The court may require you to pay the other side's fees caused by the default.
How much interest does a judgment add in Missouri?
9% a year in non-tort cases such as debt suits, or the contract rate if the contract bears more than 9%, from the date of judgment until paid.
How long does a judgment last in Missouri?
A judgment is presumed paid 10 years after it was entered, after the last recorded payment, or after it was revived. The creditor can revive it by a motion filed within 10 years after entry, the last payment of record, or the last revival; you get an order to show cause why it should not be revived.
Can my wages be garnished in Missouri?
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). If you are the head of a family and a Missouri resident, no more than 10% can be taken.
Can a creditor take money from my bank account in Missouri?
The creditor gets a writ of garnishment served on your bank by the sheriff. Within 5 days, both the creditor and the bank must send you a copy of the summons and writ. Missouri has no fixed dollar amount automatically protected in a bank account, but exempt funds can be claimed. A head of family may claim $1,250 plus $350 per dependent child in other property, except 10% of wages.
How do I claim an exemption in Missouri?
File a verified (sworn) claim of exemption with the court and serve a copy on the creditor within 20 days after you are served with the notice of garnishment. If the creditor does not ask for court review within 20 days, the exempt funds must be released. If it objects, the court decides, with any hearing held within 30 days.
More help on our sister sites
Sources
- RSMo § 517.011 (associate circuit cases)
- RSMo § 517.031 (petition; affirmative defenses)
- RSMo § 482.305 (small claims jurisdiction)
- RSMo § 408.040 (interest on judgments)
- RSMo § 516.350 (judgments presumed paid)
- RSMo § 513.440 (head of family exemption)
- Mo. Sup. Ct. Rule 55.25 (time of pleading)
- Mo. Sup. Ct. Rule 54.13 (personal service)
- Mo. Sup. Ct. Rule 74.05 (default judgment)
- Mo. Sup. Ct. Rule 74.09 (revival of judgment)
- Mo. Sup. Ct. Rule 90.03 (garnishment service and notice)
- Mo. Sup. Ct. Rule 90.035 (exemptions)
- RSMo § 517.131 (default judgment in associate circuit cases)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?