Sued by a debt buyer in Missouri
The extra rules for debt buyer suits, and how to use them in your answer.
Checked against official sources: Oct 24, 2026.
Short answer
A debt buyer is a company that bought an old debt and now sues to collect it. Missouri has no special court rule for debt buyer lawsuits. In associate circuit cases, the plaintiff's written petition should attach a copy of any written instrument or account that supports the claim.
- Time limit to sue (written contract)
- 10 years
- Time to answer
- 30 days
What a debt buyer must show in Missouri
- Missouri has no special court rule for debt buyer lawsuits.
- In associate circuit cases, the plaintiff's written petition should attach a copy of any written instrument or account that supports the claim.
Law: RSMo § 517.031.1
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)
Old debts in Missouri
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.
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)
In nearby states
Steps against a debt buyer suit in Missouri
Find the plaintiff
If the name on the summons is not a company you know, it may be a debt buyer.
Make them prove it
Use a documents request letter to see what they can prove.
File your answer
Missouri's deadline: Associate circuit case (most debt cases): be in court on the return date and time on your summons.
Raise every defense
Point out any missing proof of ownership or amount.
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)
- If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k
Free help in Missouri
Questions about debt buyer suits in Missouri
What does Missouri require of debt buyers who sue?
Missouri has no special court rule for debt buyer lawsuits. In associate circuit cases, the plaintiff's written petition should attach a copy of any written instrument or account that supports the claim.
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).
How old is too old for a debt buyer suit in Missouri?
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.
More for Missouri
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.