Missouri Small Claims Court Statute of Limitations
Missouri civil claims generally must be filed within an applicable statute of limitations. The period and the date it starts depend on the type of claim, the accrual rules, and any applicable tolling or statutory exceptions. Small claims cases use the same limitation periods as other civil cases. If you've been served and believe the plaintiff waited too long, raise the issue at the hearing.
Missouri's Key Limitation Periods
The statute of limitations depends on the type of claim, not the court division. These are the deadlines most relevant to small claims disputes:
| Claim Type | Limitation Period | Statute |
|---|---|---|
| Writing for payment of money or property | 10 years | RSMo 516.110(1) |
| Oral or other contract not covered by RSMo 516.110 | 5 years | RSMo 516.120(1) |
| Property damage | 5 years | RSMo 516.120(4) |
| Other injury to a person or rights not otherwise enumerated | 5 years | RSMo 516.120(4) |
| Libel, slander, assault, battery, false imprisonment, or malicious prosecution | 2 years | RSMo 516.140 |
| Fraud | 5 years; deemed to accrue on discovery of the facts within 10 years after the fraud | RSMo 516.120(5) |
| Theft or conversion of property | 5 years | RSMo 516.120(4) |
| Statutory penalty or forfeiture given to the aggrieved party | 3 years | RSMo 516.130(2) |
| Security deposit claim | RSMo 535.300 does not state a separate deadline to file suit | Identify the applicable limitations statute for the claim |
Under RSMo 516.100, a civil claim generally accrues when resulting damage is sustained and capable of ascertainment, rather than automatically on the date of the wrong or technical breach. Fraud has a specific discovery rule under RSMo 516.120(5).
How This Helps Defendants
If the filing date appears to fall outside the applicable limitation period, raise the limitations defense at the hearing. The court will need to consider when the claim accrued and whether tolling or another exception applies.
You raise the statute of limitations defense at the hearing. Since Missouri small claims court requires no written answer (RSMo 482.355), you don't need to file anything in advance — but you do need to actually appear and argue the point. A statute of limitations defense doesn't help if you skip the hearing and the court enters a default judgment.
To make this defense effective, bring evidence showing when the claim accrued and when the damage became capable of ascertainment:
- Contract disputes: the date of the breach or the last payment, with the contract itself, invoices, or correspondence showing the timeline
- Property damage: photos, repair records, or insurance claims that establish when the damage happened
- Oral agreements: any text messages, emails, or witness testimony pinning down when the deal was made and when it fell apart
The Plaintiff Might Not Realize
Many self-represented plaintiffs don't check the statute of limitations before filing. They know they're owed money or suffered damage, and they file. If the applicable limitation period expired, the claim can be barred regardless of its merits, subject to accrual rules, tolling, and other exceptions.
However, certain events can toll (pause) the clock. RSMo 516.200 addresses certain absences from Missouri by a resident defendant when the claim accrues or after it accrues. The plaintiff might also argue that an applicable discovery rule affects the accrual date. Apply the statute's conditions to the facts before calculating a deadline.
Free Download
Get the Missouri Small Claims Response Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Check the Dates
If you're served with a small claims case and the underlying events happened years ago, check the applicable statute of limitations against the filing date on Case.net. Our Missouri Small Claims Response Guide includes a deadline calculator worksheet and covers each of the defendant's response options, including how to present affirmative defenses at the hearing.
Get Your Free Missouri Small Claims Response Checklist
Download the Missouri Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.