How to answer a debt lawsuit in Missouri
Your deadline, the official form if there is one, fees and defenses, and the steps to file your answer.
Checked against official sources: Oct 24, 2026.
Short answer
Associate circuit case (most debt cases): by the date on your summons. Circuit judge case: 30 days. 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.
- Time to answer
- 30 days
- Official answer form
- No official form found
The answer deadline in Missouri, court by court
- Associate circuit case (most debt cases): by the date on your summons.
- Circuit judge case: 30 days.
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).
Law: RSMo § 517.031.2; Mo. Sup. Ct. R. 55.25(a)
In nearby states
Count your exact deadline
Defenses you can raise in Missouri
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)
In Missouri, the time limit to sue on a written contract is 10 years. A debt older than that can be a defense, but you must raise it in your answer.
How you must be served in Missouri
Service means officially getting the court papers. Your deadline usually starts that day.
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
What an answer is and how to file it 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 to do now in Missouri
Check the court papers
The summons names the court, the case number and the lawyer suing you. Keep it safe.
Note your last day
Missouri's rule: Associate circuit case (most debt cases): by the date on your summons; Circuit judge case: 30 days.
Write and file your answer
Give it to the clerk, mail a copy to the plaintiff's lawyer and keep one for yourself.
Request the debt documents
Use a documents request letter to see what they can prove.
Ask for free help
Free help: Legal Services of Eastern Missouri (free legal aid) and Legal Aid of Western Missouri (free legal aid).
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)
Free help in Missouri
Questions about answering in Missouri
How many days do I get to answer 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).
What do I file to answer 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.
More for Missouri
Sources
- RSMo § 517.031.2; Mo. Sup. Ct. R. 55.25(a)
- RSMo § 517.011 (associate circuit cases)
- 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.