What is the statute of limitations for contract claims in Missouri?

1. Written Contracts

R.S.Mo. § 516.110(1) provides a 10-year SOL for actions upon any writing for the payment of money or property. Other written contracts use the 5-year SOL under § 516.120(1).

2. Oral Contracts

R.S.Mo. § 516.120(1) imposes a 5-year SOL on all actions upon contracts, obligations, or liabilities, express or implied, except those mentioned in § 516.110.

3. Sealed Instruments / Promissory Notes

Promissory notes for payment of money fall under § 516.110's 10-year SOL. Missouri abolished the sealed-instrument distinction.

4. Sale of Goods (UCC Article 2)

R.S.Mo. § 400.2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 5-year SOL under § 516.120. The clock runs from the last item charged.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Missouri applies the discovery rule for fraud-based claims. R.S.Mo. § 516.280 tolls SOL where the defendant fraudulently concealed the cause of action.

8. Tolling

R.S.Mo. § 516.170 tolls for minority and mental incapacity. SCRA tolls for active military service. Defendant absence from Missouri may toll under § 516.200.

9. Contractual Modification of SOL

Missouri permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

R.S.Mo. § 516.190 borrows the shorter SOL when the cause of action originated in another state.

This is legal information, not legal advice.