Statute of Limitations on Credit Card Debt in Missouri:

How Long Do They Have to Sue?

In Missouri, creditors and collectors generally have five years to sue you on a credit card debt. The clock can restart if you make a payment or sign a written acknowledgment, and it only helps you if you raise it in court. If you’ve been sued, don’t ignore it.

How long do creditors have to sue in Missouri?

The statute of limitations is a deadline. Once it passes, a creditor can no longer win a lawsuit to collect the debt. For credit card debt in Missouri, that deadline is generally five years under RSMo 516.120. The five years generally run from your last payment or the date you defaulted, not from the day you opened the card or the day a collector bought the debt.

Is it five years or ten?

Missouri gives ten years to sue on a writing for the payment of money (RSMo 516.110). Some creditors argue that a signed card agreement counts. In practice, Missouri courts generally treat credit card accounts as open accounts under the five-year rule, but some have applied the ten-year period where a written agreement governs. That’s one reason not to assume you’re in the clear without checking.

What restarts the clock?

Two things can restart the clock on an old debt:

• A payment. Even a small one. [RSMo 516.340.]
• A signed written acknowledgment or new promise to pay. [RSMo 516.320.]

Collectors know this. If one calls about an old debt and asks for “just a small payment to show good faith,” don’t. That’s not good faith, that’s the reset button. Don’t sign anything or agree to a payment plan on an old debt until you’ve talked to a lawyer.

What the statute of limitations does (and doesn’t) do

• It bars lawsuits. It doesn’t erase the debt.
• Collectors can still contact you, but they generally can’t sue or threaten to sue on a time-barred debt.
• It’s a defense you have to raise. If you’re sued and don’t respond, the court can enter a default judgment, and the deadline won’t help you.
• It’s separate from your credit report. Negative items generally stay on your report for about seven years from the first delinquency.

What to do if you’re sued on an old credit card debt

1. Don’t ignore the summons. Note the response deadline.
2. Find the date of your last payment, and gather your statements.
3. Respond on time and raise the statute of limitations as a defense.
4. Don’t pay or sign anything until you’ve talked to a lawyer.
5. Call me. See Sued by a Debt Collector in Missouri.

Common questions about the credit card statute of limitations in Missouri

• Does the statute of limitations erase the debt? No. It limits the creditor’s ability to win a lawsuit.
• Can a collector still call me about an old debt? Generally, yes, but they can’t harass you or threaten a lawsuit they can’t file.
• Does making a small payment restart the clock? It can. Don’t pay on an old debt without advice.
• How do I find the date the clock started? Look for your last payment or the date you stopped paying. Check your statements and credit reports, and ask the collector for validation.
• Can bankruptcy help? Credit card debt can generally be discharged in Chapter 7 or Chapter 13, and filing generally stops most collection efforts and lawsuits. See Credit Card Debt and Bankruptcy.

Not sure if the clock has run?

Call me at 636-486-1093. I’ll look at your dates and tell you where you stand. If you want a lighter take on the same topic, here’s my Beatles-inspired guide.

This article is general information about Missouri law, not legal advice for your situation.

By Guss Markwell · Originally published December 30, 2023 · Updated Oct. 16, 2026

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