Section 37 Statutes of Limitation

• Library: Consumer Law and Practice 2010

In Missouri, the statute of limitations is considered procedural, not substantive, so it applies regardless of contractual choice-of-law provisions. Hemar Ins. Corp. of Am. v. Ryerson, 108 S.W.3d 90 (Mo. App. E.D. 2003). But if the creditor's claim would have been extinguished in the jurisdiction where the contract was made or the debt was incurred, that bar is a complete defense to an action in Missouri. Trzecki v. Gruenewald, 532 S.W.2d 209, 211 (Mo. banc 1976).

Debt collection actions are generally subject to one of three statutes of limitations, depending on the type of agreement under which the debt was incurred. Sections 400.2-725, 516.110, and...