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How to Answer a Summons for Debt Collection in Missouri (2024 Guide)

Hannah Locklear | June 26, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: You have 30 days to respond to a debt lawsuit in Missouri. In order to respond, it's best to file an Answer document into the case. In your Answer, you should address each claim against you and assert your affirmative defenses. SoloSuit makes it easy to draft and file an Answer.

Good news: the process of responding to a debt lawsuit is likely easier than you thought. This article will walk you through that process to show you how to answer a summons for debt collection in Missouri.

Below, you'll find helpful topics on how to answer a summons for debt collection in Missouri. This list includes information specific to filing in Missouri, like Missouri deadlines and forms.

Respond to a Summons in Missouri.

Sued for debt in Missouri? SoloSuit can help you file an Answer into your case before the 30-day deadline.

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Missouri Deadline for Answering a Debt Collection Summons

Under Missouri debt collection laws you have 30 days to file an Answer after being served with a Summons and Complaint. Let's take a moment to define some terms that may be unfamiliar. The Summons and Complaint are the documents that start a lawsuit. The Complaint sets forth the allegations against you, such as you owing the debt and the amount of the debt.

These documents will be dated with the filing date stamped on the documents, as well as a dated certificate of service which states when you were served (either or in person or via mail) with the documents. This is the date that you need to start from when determining how long you have to respond.

There are a few important details to keep in mind here.

  • These deadlines are strict and will be enforced by the Court.
  • The clock begins as soon as you are served (officially receive notice of the lawsuit.)
  • The 30 day response period includes days that the Court is not open, such as weekends or federal holidays. If the 30th day falls on a date that the Court is closed, you will have until the next business day to file your Answer.

Knowing all of this, however, we strongly recommend that you aim to submit your Answer (official response to the Complaint) well before the end of the 30 day time period.

Missouri Answer to Summons Forms

The SoloSuit Answer form is a quickly and easy way to draft a response in the proper format. You simply answer a few questions and we can translate your responses into the necessary legalese for the court documents. Additionally, we'll have an attorney review and file the completed documents, so you can rest assured that all the details and deadlines have been followed properly.

The Missouri Court system also offers many forms on their website, but unfortunately, they do not have a specific blank template form for an Answer to a complaint. You can review a general sample answer for Missouri here. We will go over below what you need to put into your Answer and how it needs to be formatted for the Court.

Steps to Respond to a Debt Collection Case in Missouri

To initiate the lawsuit, the plaintiff will serve you with two documents either by mail or in person. These documents are called the Summons and Complaint. In Missouri, you have only 30 days to respond by filing an Answer. If you don't respond within the 30 day period, you will automatically lose your case by default judgment.

Your Answer document should be properly formatted and contain legal language that appropriately pertains to the case. It should include the case information, such as your name and address, the name and address of the company suing you (also known as the plaintiff), the name and address of the attorney representing the plaintiff, the case number and other court information.

The good news here is that you don't need to determine much, if any, of this information. You can use the Summons and Complaint as a guide because the plaintiff has already done most of the heavy lifting by determining the proper court jurisdiction and filing the initial paperwork. You will need to create a caption for your Answer that mirrors the one in the Summons and Complaint, listing all of the above information. Once you have created and formatted your Answer document the next steps will help you flesh out your Answer.

SoloSuit can also help you prepare your Answer document with all the necessary formatting and legal jargon. You can also follow these helpful steps to respond to your Missouri debt lawsuit:

  1. Answer each issue of the complaint
  2. Assert affirmative defenses
  3. File one copy of the Answer document with the court and serve the plaintiff with another copy.

Below, we'll explore each step further. You can also watch this video to learn more:

1. Answer each issue of the Complaint.

SoloSuit makes it simple to respond to every paragraph.

Step two is where we get to your actual response, which is probably not as complicated as you may have thought. You simply need to read the complaint and then decide how you want to respond to each numbered paragraph. You can respond in one of three ways:

  • Admit
  • Deny
  • Deny due to lack of knowledge

Choose one of these responses and write it into your Answer. List each answer with the number for the corresponding claim's paragraph. There is no harm in answering “admit” for information that is true and accurate (such as your name or address.) It's best to put “deny” for every paragraph in order to win your case. You may choose to do so as a strategy (more on this below) but as a general practice, it's best to answer each individual numbered paragraph separately, and always truthfully.

This is exactly why the third response of “Deny due to lack of knowledge” exists. You may not know that the party suing you actually holds the debt, in which case it is absolutely proper to respond that you do not know. If that language feels odd to you it's also fine to say that you lack enough information to respond. As you go through your Answer make sure that your numbered paragraphs properly correspond to the numbered paragraphs in the Complaint.

Alternatively, as we mentioned above, you might choose to respond the way many attorneys do by making a general denial. In a general denial, you deny everything in the Complaint which forces the burden of proof for everything onto the plaintiff's side, creating more work for them.

2. Assert affirmative defenses.

Step three is where you can fight back by asserting your affirmative defenses. An affirmative defense is a reason why the plaintiff doesn't have a case.

SoloSuit makes it easy to see all the available affirmative defenses and how to choose the right one(s) for your Answer

You can also add in any documentation you have as evidence of your position in your response. You'll want to list any and all relevant affirmative defenses in your Answer.

Here are some of the more common defenses we see:

  • The account with the debt is not your account. Maybe you've been confused for someone else with a similar name. Or what if you're a victim of identity theft? Maybe you do hold an account with this creditor, but it could be that the wrong account number is listed, and you can easily prove that you are up-to-date on your payments through your regular statements. In the last scenario, make sure to attach the statements as evidence in your response.

  • The debt has been paid or excused. In this set of circumstances, you don't owe the creditor anything. Here again, however, it would be extremely helpful to attach any documentation showing that the account is paid in full or that you and the creditor agreed on a lower amount in full satisfaction of the debt.

  • The plaintiff doesn't actually own the debt. As mentioned earlier in this article, debt collection lawsuits are often brought by third-party debt collection agencies who purchased the then delinquent debt from the original creditor. That collection agency has to be able to prove that they actually hold the debt in question, and often they cannot provide a paper trail to show that fact.

  • The debt may no longer exist if it was previously discharged in a bankruptcy proceeding. Those third party debt collection agencies mentioned above often don't check to see if any debts were involved in a bankruptcy case. If it was included in your case and discharged then you no longer have any legal responsibility to pay it.

  • The amount of debt is not correct. It could well be that you do owe a debt, one that started out as a reasonable amount that has grown into an impossible amount to handle through late fees and interest charges.

  • The statute of limitations has expired. A statute of limitations is a law that sets a deadline for creditors to take legal action against you. Missouri debt collection statutes of limitations vary based on the type of debt at issue between three to ten years. We will examine the Missouri debt collection statute of limitations more below.

These are just a few of the many affirmative defenses. It's important to note, however, that being unable to pay the debt is not normally a legal defense to the debt.

You also have the opportunity here to assert counterclaims, which refers to any wrong-doing by the party suing you under debt collection laws, like the Federal Fair Debt Collections Act. Unlike most states, Missouri does not have its own Missouri Fair Debt Collections Act but consumers are protected under the FDCPA. Learn more about debt collection laws in Missouri.

If the plaintiff violated any of the provisions in this act, such as harassment or unfair practices, it will be up to you to prove your counterclaims at trial, so be thoughtful about any that you list. Here as well you should attach any documents or evidence that supports your counterclaim. If you believe that you can prove your counterclaim(s) you may also need to fill out a “statement of damages” form stating how much money you believe is appropriate for your damages.

3. File the Answer with the court and serve the plaintiff.

After you've completed formatting and drafting your Answer, including all of your affirmative defenses and counterclaims you still have one more very important take to complete. All of your efforts so far will be for naught unless you properly file and serve your Answer.

SoloSuit can easily handle this step for you so that you don't need to concern yourself with the details.

Here's what you need to do to file your answer.

  • Print at least two copies of your Answer.
  • Mail one copy to the court
  • Mail the other copy to the plaintiff's attorney.

We suggest printing at least one additional copy so that you have one for your own records and for use at your hearing. If you don't have access to a printer at home or at work you can try the Missouri Public Library System or an office supply store for reasonable printing costs. You'll be able to find the addresses for the Court and the plaintiff's attorney on the Summons and Complaint you received in the mail.

Filing an Answer in your Missouri debt lawsuit will help you block a default judgment and buy you time to explore ways to resolve the lawsuit, like debt settlement.

Settle debt in Missouri

What’s the best way to handle debt? Settling your debt will get you out of the hole once and for all — and for less than you currently owe. Here’s how to settle debt in Missouri.

File an Answer

Forget about settling your debt until you’ve overcome the initial legal challenges. If you’ve been sued for debt, it’s important to file an Answer with the local court to indicate that you’re willing to fight the lawsuit. Failing to file an Answer by the deadline can result in a default judgment against you. In Missouri, you have only 30 days to file.

SoloSuit makes filing an Answer easy. Just use the online tool to answer a few questions, then draft your Answer. You can choose to print your Answer and send it to the court yourself or have SoloSuit file it on your behalf.

Make an initial offer to start negotiating

Open negotiations with your debt collector by agreeing to pay 60% of your current balance. Ideally, they’ll accept this offer, but if not, they’ll present a counteroffer. Repeat this process until you arrive at a mutually agreeable solution.

SoloSettle works as a middleman during this process. The platform makes it easier to submit offers and reach a settlement agreement. It can even handle the payment details once you’ve worked out the terms of the agreement.

Start the negotiation process today using SoloSettle.

Get your final settlement agreement in writing

Once you and your debt collector reach a settlement, make sure to get a copy of the agreement in writing. This document will provide a written record of your final settlement amount and the terms of repayment. Without it, dishonest debt collectors may try to seek a default judgment anyway.

Having a debt settlement agreement in writing will protect you from further legal complications and prove that your debt has been settled for less than your current/original balance.

Learn more about these three steps to settle debt in the video below.

Statute of Limitations on Debt in Missouri

As stated above, the Missouri statute of limitations varies based on the type of debt. However, most debts have a statute of limitations of ten years in Missouri, including credit card, medical, student loan, auto loan, and personal loan debts. For mortgage debt, the Missouri statute of limitations is twenty years.

This means that creditors and debt collectors only have ten years to sue you for a debt resulting from credit card use, loans, or medical bills, typically starting from the date of your last action on the account. They have 20 years to sue over a mortgage debt. Keeping this in mind is important, because if your debt is past the statute of limitations in Missouri, you can use it as a defense in your case to get the lawsuit dismissed.

You are responsible for bringing up the statute of limitations on debt. The judge won't do the research for you.

The table below further outlines the statute of limitations on different types of debt in Missouri:

Statute of Limitations on Debt in Missouri
Debt Type Deadline
Credit Card 10 years
Medical 10 years
Student Loan 10 years
Auto Loan 10 years
Personal Loan 10 years
Mortgage 20 years
Judgment 10 years
Mo. Rev. Stat. § 516.110, 516.150, and 516.350

These laws can lead to some fairly long collection time periods. For instance, if you were to ask what is the statute of limitations of debt collection for an electric bill in Missouri, the answer would be ten-years; this is because it stems from a written agreement. If you're wondering why, in Missouri, there is a 10-year debt collection window, the answer is simply “that's how it is.”

Missouri debt collection laws protect consumers

Missouri residents are protected from aggressive or deceptive debt collection practices at both the federal and state levels. Here are some relevant Missouri debt collection laws you should be aware of.

Federal laws protect you from aggressive debt collectors

At the federal level, there are two debt collection laws that shield you from abusive collection practices. The first is the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from such actions as:

  • Calling multiple times per day
  • Calling before 8 a.m. or after 9 p.m.
  • Failing to identify themselves as debt collectors
  • Refusing to validate your debt
  • Contacting your friends, family, or coworkers about your debt
  • Contacting you after they know you have an attorney
  • Threatening you with arrest for not repaying

Additionally, the Consumer Financial Protection Bureau (CFPB) has issued a Debt Collection Rule that complements the provisions of the FDCPA. For example, debt collectors aren’t allowed to call you more than seven times within a seven-day period or seven days after their initial phone conversation with you regarding your debt.

Missouri consumers are protected by state law

The Missouri Merchandising Practices Act (MMPA) was passed for the benefit of Missouri residents. This piece of legislation provides such protections as:

  • Prohibiting unfair or deceptive debt collection practices
  • Permitting consumers to take legal action against debt collectors
  • Requiring debt collectors to provide consumers with a dispute process

As a result, consumers are afforded relief from aggressive debt collectors and have a right to protect themselves against unfair or manipulative practices.

Consumers are protected from time-barred debt

Debt collectors can’t take legal action against you once the statute of limitations on your debt has expired.

While your debt doesn’t disappear when this statute of limitations expires, debt collectors can’t sue you for time-barred debt.

It’s important to note that your statute of limitations begins on the date of your most recent payment, not the date you first incurred the debt.

This is important, as some debt collectors may pressure you into making a payment. If you do, you’ll basically be starting the statute of limitations all over again, giving collectors the maximum window of time to sue you over past debt.

Find debt relief in Missouri

Consumer debt can make it challenging to manage your other bills or apply for future loans. Fortunately, there are several options for debt relief in Missouri you can take advantage of, including the following.

Use a debt consolidation loan

Most debt consolidation programs are actually loans. They’re designed to replace multiple loans with a single loan, ideally with lower interest rates or a favorable loan term. For example, a longer loan term means your monthly payments will be smaller and more manageable.

You can also secure a lower interest rate, which will save you money in the long run. However, the best rates usually go to those with strong credit, so keep that in mind when searching for consolidation loans.

Refinance your loans

Refinancing your loan means replacing your current loan with an entirely new one. This works best when:

  • You’re able to secure a longer term that reduces your monthly payments.
  • Your new loan offers lower interest rates to save money over the life of your loan.

If you’re a homeowner, you might also refinance your mortgage, which may allow you to use the equity in your home to pay down your existing debt. Just remember that you’ll still be responsible for paying your new loan.

Use a balance transfer card

Some credit card companies offer a “balance transfer card” that allows users to transfer the balance from other credit cards onto a single account. Card issuers commonly offer promotional rates as low as 0% APR for the first year. If you can pay off your debt in this time, a balance transfer card offers an interest-free path toward debt relief.

Terms and conditions vary by card issuer. Some may revoke the promotional rates if you miss a payment, so make sure you adhere closely to the repayment schedule.

Create a debt management plan

A debt management plan serves to arrange your budget so that you’re able to repay debt and manage your finances.

The Department of Justice has a list of approved credit counseling agencies that can assist you in creating a plan. Some agencies will even work with your creditors to negotiate a new payment plan, though the creditors aren’t required to participate. This can be a solid option for those who struggle with ongoing debt.

Settle debt for less

Most creditors and debt collectors would prefer to accept a lower debt settlement than chase after you. A debt settlement company can help you by asking you to contribute payments to a dedicated account. Once this account reaches a predetermined threshold, the company will negotiate with your creditors on your behalf.

The catch is that your credit will continue to suffer during this vesting period. Debt settlement agencies also typically charge for their services.

SoloSuit works a bit differently. Our unique product, SoloSettle, allows you to negotiate with debt collectors using a convenient online platform, which streamlines the process and eliminates the need for you to interact with debt collectors directly.

Stop wage garnishment in Missouri

When you lose a debt collection court case, the judge can order your wages to be garnished to repay what you owe. Thankfully, debt collectors can only garnish your wages with a court order, and even then, there are limits to how much they can take.

Here’s what to know about how to limit or stop wage garnishment in Missouri.

Debt collectors have limits on wage garnishment

Missouri debt collectors are restricted in how much they can garnish from your paycheck. Under Mo. Ann. Stat. § 525.030, creditors and debt collectors can only garnish up to the lesser of the following:

  • 25% of any disposable earnings
  • The total amount by which your disposable earnings exceed 30 times $7.25 an hour, the federal minimum wage

For clarity, “disposable earnings” refers to the portion of your paycheck that remains after mandatory withholdings (e.g., state and federal taxes). Voluntary withholdings (e.g., retirement and health insurance contributions) are still counted as part of the paycheck that can be garnished.

File an exemption

You can minimize the effects of wage garnishment by filing a claim for exemption. If you’re the primary supporter of dependents, you stand to reduce your wage garnishment to just 10% of your disposable earnings.

Prevent wage garnishment by responding to a lawsuit

Many debt collection cases are lost due to default judgment. If you want to prevent such an outcome, respond quickly to your debt collection lawsuit by filing an Answer with the court.

Doing so will prevent you from losing your case by default and give you time to address your debt. Settling your debt will eliminate it altogether, helping you avoid wage garnishment or other judgments.

Draft and file your Answer today using SoloSuit.

Check the status of your court case in Missouri

Have you been sued over your past debt? If so, it’s vital to stay on top of the details of your lawsuit. Here’s how to check the status of a court case in Missouri.

Find out which court is hearing your case

Missouri courts are divided into three levels:

  • Supreme Court
  • Intermediate Appellate Court
  • Trial Court

Trial courts are further divided into municipal courts, circuit courts, and the Administrative Hearing Commission. Debt collection cases are typically tried in the circuit courts, a division of the trial court. This will be an important detail to know when it comes to tracking your court case.

Locate your case number

Each case is issued a corresponding case number. This number should be displayed on any correspondence you receive from the courts.

Assuming you can’t find your case number, you can submit a request through the court clerk. It’s possible to make a request in person or online using the state's CaseNet website. Some counties may require you to submit a request by mail, so contact the court clerk for more details.

Search for your court records online

Search for your case using CaseNet’s case search feature. You’ll have to become a registered user, but it’s free to sign up. You can search by case number or browse the results based on the case type or the names of the parties involved.

Request your court records in person

You can also get your court records in person by making a request to the courthouse that’s hearing your case, which you can find using the Missouri court system’s online directory. You can request your records from the court clerk, though there may be a small fee to cover the cost of printing.

All states have at least one government-funded organization that provides free legal services to people. Below please see a listing of various legal aid organizations in Missouri available to residents who cannot otherwise afford legal counsel.

File an Answer in your local Missouri court

Ready to draft and file your Answer? Find your local court in Missouri below to get started.

How to file in Oak Grove Courthouse, Missouri

Missouri’s Oak Grove Courthouse is a municipal court. You’ll find yourself there if the Oak Grove Police Department files a case involving a traffic-related or city ordinance violation against you. If you receive a fine, it can become a debt you owe the government, and, like any debt, it can go to collections if left unpaid.

If you’re facing a Summons and Complaint, you’ll need to file an Answer quickly to avoid further complications over unpaid debt. Your Answer will communicate your willingness to contest the lawsuit. Common reasons to contest debt include:

  • It’s beyond the statute of limitations
  • You’re the victim of identity theft
  • The debt has already been paid
  • The amount is incorrect

SoloSuit can help you prepare an Answer and file it within the court’s 30-day window.

Be cautious, as the Oak Grove Courthouse can also penalize you by:

  • Suspending your driver’s license
  • Issuing an arrest warrant
  • Preventing you from renewing your car registration
  • Charging you with “failure to appear” for not showing up to your court summons

Given these penalties, it’s crucial to respond quickly. SoloSuit makes it easy to meet your deadline and file an Answer with the Oak Grove Courthouse.

Key Takeaways

So, in short, here's the review on how to answer a summons for debt collection in Missouri

  • The response deadline is 30 days.
  • Use SoloSuit or draft an Answer according to our instructions above.

Follow these steps:

  1. Answer every issue in the complaint.
  2. Assert your affirmative defenses and counterclaims, if any.
  3. File and serve the Answer on both the Court and the plaintiff's attorney.

Good Luck!

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

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Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

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How to stop wage garnishment in your state

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Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

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Civil law legal definitions

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