Hurt, wronged, or owed money
THINKING ABOUT SUING
What Missouri law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
5 years
Suing on a contract, for an injury, or for damage to goods
- From
- The claim accruing
Actions on contracts, obligations or liabilities other than the ten year kind, on a statutory liability other than a penalty, for trespass or damage to goods, and for other injuries to a person or their rights not arising on contract have five years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
5 years
Suing on a contract, for an injury, or for damage to goods
- From
- The claim accruing
Actions on contracts, obligations or liabilities other than the ten year kind, on a statutory liability other than a penalty, for trespass or damage to goods, and for other injuries to a person or their rights not arising on contract have five years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
5 years
Suing on a contract, for an injury, or for damage to goods
- From
- The claim accruing
Actions on contracts, obligations or liabilities other than the ten year kind, on a statutory liability other than a penalty, for trespass or damage to goods, and for other injuries to a person or their rights not arising on contract have five years.
10 years
Suing on a writing to pay money
- From
- The claim accruing
An action on any writing, sealed or not, for the payment of money or property has ten years, as does an action for relief not otherwise provided for.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
5 years
Suing on a contract, for an injury, or for damage to goods
- From
- The claim accruing
Actions on contracts, obligations or liabilities other than the ten year kind, on a statutory liability other than a penalty, for trespass or damage to goods, and for other injuries to a person or their rights not arising on contract have five years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Missouri guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
90 days
Written notice to the mayor of a city of an injury from a defect in a street or sidewalk
- From
- The occurrence for which the damage is claimed
In a city of the third or fourth class, or of one hundred thousand inhabitants or more, notice in writing goes to the mayor within ninety days, stating where and when the injury was received, its character and circumstances, and that damages will be claimed. Until it is given no action may be maintained against the city.
SMALL CLAIMS COURT
The limit in Missouri
Up to five thousand dollars
Mo. Rev. Stat. § 482.305 — claims up to five thousand dollars
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Missouri attorney.