Missouri Legal Questions & Answers
72 plain-English answers to common Missouri law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Missouri?
Missouri owners first appeal to the County Board of Equalization by the second Monday in July (R.S.Mo. § 138.060). Then to the Missouri State Tax Commission within 30 days…
- How does the lemon law process work in Missouri?
Missouri's New Motor Vehicle Warranty Law ('Lemon Law'), Mo. Rev. Stat. §§ 407.560 to 407.579, presumes a lemon after 4 repair attempts on the same defect or 30+ working days out…
- How much of my wages can be garnished in Missouri?
Missouri is stricter than federal for head-of-family debtors. Under Mo. Rev. Stat. § 525.030, the cap is the lesser of 25% of disposable (or 10% if head of family) OR the amount…
- How do I file a mechanic's lien in Missouri?
GC must give residential owner 10-day Notice to Owner before/at execution. Subs serve Notice of Intent to Lien 10 days before filing. Record Just and True Account in circuit clerk…
- What is the personal injury statute of limitations in Missouri?
Missouri provides 5 years for personal injury under Mo. Rev. Stat. § 516.120 — among the longest. Medical malpractice is 2 years with a 10-year repose (§ 516.105). Public entity…
- How does small claims court work in Missouri?
Missouri small claims handles disputes up to $5,000 under Mo. Rev. Stat. § 482.305. Filing fees range $19-$25. Attorneys are permitted. Appeals to the Circuit Court are de novo…
- How do I set aside a default judgment in Missouri?
Move under Mo. Sup. Ct. Rule 74.05(d) within a reasonable time, not exceeding one year. You must allege facts constituting a meritorious defense and show good cause (not…
- Who is liable if a dog bites me in Missouri?
Missouri imposes strict liability under Mo. Rev. Stat. § 273.036. Owners are liable for damages when their dog bites a person without provocation and the victim is on public…
- What can I do if I'm a victim of identity theft in Missouri?
Missouri classifies identity theft as a Class A misdemeanor to Class B felony under RSMo 570.223, depending on amount. Credit freezes are free under federal law. Civil suit allows…
- How does comparative fault work in Missouri?
Missouri is a pure comparative fault state under Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) — a plaintiff at 99% fault still recovers 1%. Joint and several liability under…
- How do I file a public records request in Missouri?
Missouri's Sunshine Law (RSMo Ch. 610) requires agencies to respond within 3 business days. Copy fees follow statutory limits ($0.10 per page; research time at the lowest-paid…
- What is the statute of limitations for contract claims in Missouri?
Missouri gives 10 years to sue on a written contract for payment of money under R.S.Mo. § 516.110 and 5 years on most other contracts under § 516.120. UCC sale-of-goods claims…
- What money in my bank account is protected from creditors in Missouri?
Missouri gives a $600 wild card under R.S.Mo. § 513.430.1(3) plus $1,250 head-of-family additional and $350 per dependent. Wages exempt 75% under § 525.030. Federal benefits get…
- How do I appeal a denied Social Security disability claim in Missouri?
Missouri's Disability Determinations Section, within the Family Support Division of the Department of Social Services, handles initial SSDI/SSI reviews from Jefferson City and…
Employment (10)
- What is the minimum wage in Missouri?
Missouri's minimum wage is $13.75/hour as of January 1, 2025, under R.S.Mo. § 290.502 and Proposition A (Nov. 2024), which raised it from $12.30. The rate rises to $15.00/hour on…
- How do I file a workers compensation claim in Missouri?
Missouri workers' comp is governed by Mo. Rev. Stat. Chapter 287 and administered by the Division of Workers' Compensation within the Department of Labor and Industrial Relations…
- How do I file for unemployment benefits in Missouri?
File online at uinteract.labor.mo.gov. Missouri pays $35-$320/week for only 8-20 weeks based on the statewide unemployment rate (one of the shortest durations in the U.S. after…
- What is wrongful termination in Missouri?
Missouri is an at-will state. The Missouri Human Rights Act (RSMo § 213.055) prohibits discrimination but was significantly tightened by the 2017 reforms (motivating factor →…
- How do I file a workers' compensation claim in Missouri?
Notify your employer within 30 days (Mo. Rev. Stat. § 287.420) and file a Claim for Compensation with the Division of Workers' Compensation within 2 years (§ 287.430)…
- Can I sue for wrongful termination in Missouri?
Missouri is at-will and recognizes a Fleshner public-policy tort. MHRA (Mo. Rev. Stat. § 213.010) governs discrimination, with the 2017 SB 43 amendments narrowing standards…
- What are my rights against workplace harassment in Missouri?
The Missouri Human Rights Act (Mo. Rev. Stat. § 213.010) covers employers with 6+ employees and is enforced by the Missouri Commission on Human Rights. SB 43 (2017) raised the…
- Can my employer drug test me in Missouri?
Missouri has no comprehensive private-employer drug-testing statute. Mo. Const. art. XIV (Amendment 3, 2022) legalized recreational marijuana and prohibits employers from…
- Are non-compete agreements enforceable in Missouri?
Missouri enforces non-competes that are reasonable in scope, duration, and territory, and protect a legitimate business interest like trade secrets or customer relationships. Mo…
- How do I appeal an unemployment insurance denial in Missouri?
The Missouri Department of Labor and Industrial Relations, Division of Employment Security (DES), administers UI under Mo. Rev. Stat. Ch. 288. Appeals must be filed within 30 days…
Family (9)
- How do I file for divorce in Missouri?
Missouri requires 90-day residency. It is a no-fault state requiring proof the marriage is irretrievably broken. File a Petition for Dissolution of Marriage, observe a 30-day…
- How is child custody decided in Missouri?
Missouri decides custody on the best interest of the child under Mo. Rev. Stat. § 452.375, applying 8 statutory factors. The Legislature has expressly stated a public policy that…
- How does alimony work in Missouri?
Missouri calls it 'maintenance' under Mo. Rev. Stat. § 452.335. Two-step analysis: first, the spouse must lack sufficient property to provide for reasonable needs AND be unable to…
- How is child support calculated in Missouri?
Missouri uses an Income Shares model implemented through Form 14 (the Presumed Child Support Calculation Worksheet) — required by Missouri Supreme Court Rule 88.01 and authorized…
- How do I get a marriage license in Missouri?
Apply in person at any Missouri Recorder of Deeds office. Fee is $50-$55. No waiting period and no blood test. License is valid 30 days. Both parties must be 18; 16-17 may marry…
- How do I establish paternity in Missouri?
Missouri's Uniform Parentage Act is at RSMo Chapter 210. Parents may sign an Affidavit Acknowledging Paternity under RSMo § 193.215 / § 210.823 that becomes a legal finding of…
- How does the adoption process work in Missouri?
Missouri adoptions are governed by R.S.Mo. Ch. 453. A consent under § 453.030 may be signed no sooner than 48 hours after birth and is irrevocable on execution before a judge or…
- Are prenuptial agreements enforceable in Missouri?
Missouri has NOT adopted the UPAA. Prenups are governed by Mo. Rev. Stat. § 451.220 (writing requirement) and McMullin v. McMullin (1991), 926 S.W.2d 108. Enforcement requires the…
- How do I get a restraining order in Missouri?
Missouri's Adult Abuse Act (Mo. Rev. Stat. § 455.005-.090) provides Orders of Protection for domestic relationships. The Adult Abuse Act also covers stalking and sexual assault…
Criminal (9)
- What are DWI penalties in Missouri?
Missouri R.S.Mo. § 577.010 sets a .08 BAC limit (.04 commercial, .02 under 21). A first DWI is a Class B misdemeanor with up to 6 months jail, $1,000 fine, 90-day license…
- How do I get a concealed carry permit in Missouri?
Missouri has been a permitless carry state since 2017 under SB 656 (R.S.Mo. § 571.030). Adults 19+ may carry concealed without a permit. The optional Concealed Carry Permit (CCP)…
- What are the search warrant requirements in Missouri?
Missouri search warrants are governed by Mo. Rev. Stat. § 542.266 et seq. A sworn affidavit of probable cause must be presented to a circuit or associate circuit judge. § 542.291…
- Can I legally record a phone call or conversation in Missouri?
Missouri is a one-party consent state under Mo. Rev. Stat. § 542.402. A party to the conversation, or someone with consent of one party, may record. Unauthorized interception is a…
- How does bail work in Missouri?
Missouri governs bail under Mo. Rev. Stat. Ch. 544 and Mo. Sup. Ct. R. 33. Bail is presumed except certain violent felonies. Rule 33.01 amended in 2019 to favor nonmonetary…
- How does plea bargaining work in Missouri?
Missouri plea procedure is governed by Mo. Sup. Ct. R. 24.02. Guilty, nolo contendere (with court consent), and Alford pleas are recognized. Missouri produced Missouri v. Frye…
- How do I sue police for misconduct in Missouri?
42 U.S.C. § 1983 is the federal vehicle. Missouri has not abolished QI and has no parallel civil-rights act. Sovereign immunity under § 537.600 broadly protects state agencies…
- When can a private citizen make a citizen's arrest in Missouri?
Missouri recognizes a common-law citizen's arrest doctrine. A private person may arrest for a felony committed in their presence or where a felony has actually occurred with…
- What pretrial diversion or drug court programs exist in Missouri?
Missouri offers prosecutor diversion (county-by-county), SES probation under R.S.Mo. § 557.011, Treatment Courts (drug, DWI, veterans, mental health, family) under Ch. 478 §§…
Housing (8)
- What are tenant rights in Missouri?
Missouri caps security deposits at 2 months' rent, requires return within 30 days, allows immediate notice to vacate for nonpayment after rent due, and imposes habitability…
- What is the eviction process in Missouri?
Missouri requires no statutory pre-suit notice for nonpayment (rent and possession action) under Mo. Rev. Stat. § 535.020 but requires a 10-day notice to cure for lease violations…
- What must a home seller disclose in Missouri?
Missouri is a CAVEAT EMPTOR state with NO statutory disclosure form. Sellers have no general duty to disclose, but cannot fraudulently misrepresent or actively conceal known…
- How do I dispute a security deposit return in Missouri?
Missouri caps deposits at 2 months' rent (RSMo § 535.300) and requires return within 30 days of move-out with an itemized statement and notice of the tenant's right to be present…
- How do I dispute an HOA assessment or fine in Missouri?
Missouri governs condominiums under the Uniform Condominium Act (Mo. Rev. Stat. §§ 448.1-101 to 448.4-120, UCIOA-based), adopted in 1983. HOAs have no comprehensive statute and…
- What is the eviction process in Missouri?
Missouri uses Rent and Possession (R.S.Mo. Ch. 535) or Unlawful Detainer (Ch. 534) actions. Rent and possession requires a demand for rent (no fixed notice period); unlawful…
- What can I do if my landlord won't fix uninhabitable conditions in Missouri?
Missouri recognizes an implied warranty of habitability (*King v. Moorehead*, 495 S.W.2d 65 (Mo. App. 1973)). Mo. Rev. Stat. § 441.234 allows repair-and-deduct (capped at $300 or…
- How do I resolve an easement or boundary dispute in Missouri?
Missouri adverse possession requires 10 years (Mo. Rev. Stat. § 516.010). Prescriptive easement requires 10 years of open, notorious, adverse, continuous use. Quiet title under…
Estate (8)
- How do I make a valid will in Missouri?
Missouri requires the testator to be 18+ (or an emancipated minor) and of sound mind (RSMo § 474.310). The will must be in writing, signed by the testator and attested by 2 or…
- How do I create a power of attorney in Missouri?
Missouri did NOT adopt the UPOAA. POAs are governed by the Missouri Durable Power of Attorney Law at Mo. Rev. Stat. §§ 404.700-404.737. POA must be signed by the principal and…
- How does probate work in Missouri?
Missouri probate typically takes 6-12 months under Mo. Rev. Stat. Chapter 472-475. Missouri has not adopted the UPC. Small-estate affidavit is available for estates up to $40,000…
- Can I disinherit my spouse or child in Missouri?
Missouri grants a surviving spouse an election to take against the will of one-half of the estate if no lineal descendants, or one-third if descendants, under Mo. Rev. Stat. §…
- How do I petition for guardianship or conservatorship in Missouri?
Missouri splits the roles: 'guardian' for personal decisions and 'conservator' for property of incapacitated adults and minors under Mo. Rev. Stat. Ch. 475. Clear and convincing…
- How do I create an advance healthcare directive in Missouri?
Missouri recognizes Living Will / Health Care Directive (Mo. Rev. Stat. § 459) and Durable Power of Attorney for Health Care (§ 404.700). Notarization required for DPOA-HC, two…
- How do I file a quitclaim deed in Missouri?
Missouri quitclaim deeds need grantor signature and notarial acknowledgment (Mo. Rev. Stat. §§ 442.130, 442.150); no witnesses required. Record with the county Recorder of Deeds…
- What is the homestead exemption in Missouri and how do I claim it?
Missouri's creditor homestead is $15,000 (Mo. Rev. Stat. § 513.475); mobile home $5,000. Tenancy by the entirety provides strong marital-home protection. Missouri Property Tax…
Traffic (6)
- How do I fight a parking ticket in Missouri?
Missouri parking tickets are governed by RSMo § 304.155 and city ordinances. Kansas City and St. Louis use municipal courts with court dates 14-30 days out. You can plead not…
- How long do I have to register a vehicle in Missouri?
Missouri gives new residents 30 days to title and register under R.S.Mo. § 301.190. Purchased vehicles must be titled within 30 days to avoid penalty. Documents include title…
- How do I get my driver's license reinstated in Missouri?
Missouri charges $20–$400 reinstatement fees plus a $45 DWI fee (Mo. Rev. Stat. § 302.304). After DWI, SR-22 insurance is required for 2 years and Ignition Interlock is mandatory…
- How do I fight a speeding ticket in Missouri?
Missouri drivers can pay, request a prosecutor amendment (often to non-moving 'illegal parking' under RSMo 304.010), attend court-approved Driver Improvement School to remove from…
- What are the open container laws in Missouri?
Missouri has NO statewide open container law for vehicles — Missouri is famously one of a small number of non-conforming TEA-21 states. Local ordinances may apply (Kansas City…
- What happens if I get a DWI in Missouri?
Mo. Rev. Stat. § 577.010 sets per se DWI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DWI is a Class B misdemeanor (up to 6 months jail, $1,000 fine), with 30-day hard…
Civil Procedure (4)
- What is the small claims limit in Missouri?
Missouri small claims court hears cases up to $5,000 under R.S.Mo. § 482.305. Filing fees are $24-$30. Lawyers may appear but only if all parties have one. Cases are filed in the…
- What is the statute of limitations in Missouri?
Missouri civil limitations: personal injury 5 years (Mo. Rev. Stat. § 516.120(4)), written contract 10 years (§ 516.110), oral contract 5 years (§ 516.120(1)), property damage 5…
- Can I get out of jury duty in Missouri?
Missouri requires US citizens, 21+, county residents under Mo. Rev. Stat. § 494.425 (note higher age threshold). Upon timely application to the court, a person 75 years of age or…
- How do I legally change my name in Missouri?
File a Petition for Change of Name in the circuit court of your county (RSMo § 527.270), pay approximately $50–$200 in filing fees, publish notice in a newspaper once a week for…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.