Dealing with old credit card debt can be confusing, especially when you’re unsure how long a creditor or debt collector has the right to sue. For Missouri residents, the rules are clear but often misunderstood. The statute of limitations on credit card debt in Missouri is five years, according to Missouri Revised Statutes § 516.120.
Understanding how this law works can help protect you from lawsuits on time-barred debts and empower you to handle collection efforts with confidence. In this guide, we’ll break down what the statute of limitations means, how it applies in Missouri, and what every consumer should know.
What Is a Statute of Limitations on Debt?
The statute of limitations (SOL) is a state law that sets a deadline for creditors or debt collectors to file a lawsuit to collect unpaid debt.
- It does not erase or cancel the debt.
- Instead, it determines how long the debt is legally enforceable in court.
- Once the statute expires, the debt becomes “time-barred.”
If a creditor files a lawsuit after the SOL has passed, you may have a legal defense to have the case dismissed. However, the burden is on you, the consumer, to raise that defense in court.
Missouri’s Statute of Limitations for Credit Card Debt
In Missouri, credit card debt falls under the category of “open accounts.” According to Missouri Revised Statutes § 516.120, the statute of limitations for open accounts is five years.
Key Points:
- Applies to credit card debt: 5 years from the date of the last payment or activity.
- Other types of contracts: Written contracts in Missouri have a 10-year statute of limitations.
- Debt lawsuits: Creditors must file within five years, or the case can be dismissed.
This five-year window is one of the shorter SOL periods compared to other states. For example, Iowa gives creditors 10 years, while Kentucky allows only 5 years, similar to Missouri.
What Happens After the Statute of Limitations Expires?
If the five-year statute of limitations runs out on your credit card debt:
- Creditors cannot sue you in Missouri courts to collect.
- Debt collectors may still contact you, but they cannot threaten legal action.
- You still owe the debt, unless discharged through bankruptcy or settlement.
- You must assert the statute of limitations defense in court if sued.
⚠️ Important: Just because the SOL has expired does not mean the debt disappears. Collectors can still attempt to collect voluntarily.
Difference Between Credit Reporting and Statute of Limitations
One of the most common misunderstandings is confusing the credit reporting period with the statute of limitations.
- Credit Reporting: Negative information, including unpaid credit card debt, can stay on your credit report for up to seven years under the Fair Credit Reporting Act (FCRA).
- Statute of Limitations in Missouri: Creditors can only sue for up to five years on open accounts.
This means a debt might fall outside the lawsuit window but still hurt your credit score for another two years.
What Can Restart the Clock in Missouri?
Even if five years have almost passed, certain actions can reset the statute of limitations and give creditors a fresh window to sue. In Missouri, the clock may restart if you:
- Make a payment on the debt (even a partial one).
- Acknowledge the debt in writing.
- Promise to pay the debt, verbally or in writing.
👉 Example: If you last paid in 2018, the SOL would normally expire in 2023. But if you made a small payment in 2021, the five-year clock would restart, extending the window to 2026.
What to Do If You’re Sued After the Statute of Limitations
If you are sued for an old credit card debt in Missouri:
- Do not ignore the lawsuit. Failing to respond can result in a default judgment, even if the debt is time-barred.
- Check the dates. Look at your last payment or written acknowledgment of the debt.
- Raise the SOL defense. You must inform the court that the debt is past the statute of limitations.
- Consider legal help. An attorney licensed in Missouri can confirm whether the SOL applies and help you file the proper defense.
Practical Tips for Missouri Consumers
Here are some smart steps if you’re dealing with old credit card debt:
- Request debt validation. Under the Fair Debt Collection Practices Act (FDCPA), you have the right to request proof that the debt is valid.
- Keep records of payments and correspondence. This helps determine when the SOL began.
- Be careful when speaking with collectors. Avoid admitting the debt or promising to pay if the SOL is close to expiring.
- Check your credit report. Review it at AnnualCreditReport.com for free once a year.
- Know your rights. Collectors cannot harass, threaten, or mislead you about legal action after the SOL has expired.
FAQs About Missouri Credit Card Debt Statute of Limitations
1. Is credit card debt forgiven after 5 years in Missouri?
No. The debt still exists, but creditors can no longer sue you in court after the five-year limit.
2. Can creditors still call me after the SOL expires?
Yes, but they cannot threaten lawsuits or mislead you. You can request in writing that collectors stop contacting you.
3. What happens if I accidentally make a small payment on old debt?
In Missouri, making a payment can reset the five-year statute of limitations, giving creditors more time to sue.
4. Does bankruptcy clear old credit card debt?
Yes, in many cases. Filing bankruptcy can discharge qualifying credit card debt, but you should consult a bankruptcy attorney before considering this step.
5. What if a creditor sues me after 5 years?
You can raise the statute of limitations as a defense. If successful, the court should dismiss the case.
6. How long will unpaid debt stay on my credit report?
Typically, seven years from the date of first delinquency, regardless of Missouri’s five-year lawsuit limit.
Conclusion
Understanding the Missouri statute of limitations on credit card debt is crucial for protecting your financial health. In Missouri, creditors have five years to file a lawsuit on unpaid credit card balances, but the debt itself doesn’t vanish after that period.
Consumers should be cautious about making payments or promises on old debt, as this can restart the clock. Always check your credit report, request debt validation when contacted, and remember that collectors must follow federal protections under the FDCPA.
If you’re facing a lawsuit or aggressive collection efforts, consult a licensed Missouri attorney for personalized legal advice. Knowing your rights is the first step toward financial confidence and debt relief.
Emma Rose is a U.S.-based personal finance writer and a regular contributor at Cardix.us. She focuses on topics like credit cards, credit scores, and everyday money management. Emma’s writing makes complex financial concepts simple and practical, helping readers make smarter credit and spending decisions with confidence.
