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I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt.  

RSMo 516.110 states:

 Within ten years:

(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

While RSMo 516.120 states:

Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

 

My question:  which SOL applies to credit card debt?  I requested proof of debt and received a copy of my original credit card application (no copy of a written contract from what I can see), but it appears my last payment was more than five years ago.  Do the courts generally apply 516.110 or 516.120 to credit card debt in Missouri, and which would apply in my case if there is no written contract produced?  Just wondering if litigation filed against me this week may be time barred or not.  I'm planning to answer and include discovery requests with the answer requesting copies of all agreements, contracts, etc., and also a record of all payments, including the last payment made to the account.  Thanks for your time.  It seems confusing to me.

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@moboy

From Capital One Bank v. Creed - Missouri Court of Appeals, Southern Dist., 1st Div. 2007

"Generally, in order to constitute a promise to pay money within the meaning of § 516.110(1), the writing must contain a promise to pay money and the promise or obligation to pay the money must arise from the writing itself and may not be shown by extrinsic evidence." Barberi v. University City, 518 S.W.2d 457, 458 (Mo.App.1975). Plaintiff did not produce a written promise by defendant to pay money. Section 516.110, the ten-year statute, is not applicable.

A footnote in that ruling:

[2] The only written documents plaintiff placed in evidence were writings it claimed were terms imposed as "customer agreements" for issuance of credit cards. These included documents dated 2001, 2002, and 2005, as well as others that were undated. Plaintiff produced no agreement that was signed by defendant. "`Parol acceptance of an offer in writing does not give rise to an agreement or contract in writing, within the meaning of statutes relating to limitations governing actions on contracts in writing.'" Lively v. Tabor, 341 Mo. 352, 107 S.W.2d 62, 67 (1937), quoting 37 C.J. 758, § 86.

A claim for breach of contract evidenced by act or implied by law is governed by the five-year statute, § 516.120. Collins v. Narup, 57 S.W.3d 872, 874 (Mo. App.2001).

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BV80, you are a peach;  thanks.  Also, thank you for the citations.  I'm tempted to forego any discovery here and just draft a motion to dismiss, in which case I'll check the caselaw you cite and use it in the motion.  I think it has a good shot.  Really appreciate it.  I'm a litigation paralegal and I'm always writing for much bigger corporate cases, and will have no problem showing up for a hearing, either.  This question was a little different and I just needed to get pointed in the right direction and see how the courts here historically interpret the statutes.  I'll also be sure to request a hearing so they don't leave this case hanging open out there for long.  The creditor law firm is a vulture outfit and they are known for predatory practice, so it will be a pleasure.  Thanks again.

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What year are these posts from? 2016? If so, this is the answer to my question! I hope the laws haven't been changed.

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