The Most Important Thing You Need to Know
In Missouri, you must file a written Answer with the court within 30 days of being served with the lawsuit. If you do nothing, the plaintiff wins by default judgment — and can immediately begin garnishing your wages, levying your bank account, or placing a lien on your property. Do not ignore this lawsuit.
Being sued by a debt collector is frightening — but filing an Answer is simpler than it sounds, and doing so forces the collector to prove their case in court. Many debt collection cases are filed with incomplete documentation. Simply responding puts you in a far stronger position than doing nothing.
An Answer is simply your legal response saying "I dispute this claim and require the plaintiff to prove it." You are not admitting anything. You are exercising your right to a fair hearing. Many collection cases are dropped or settled favorably after the defendant files an Answer.
If you don't respond within 30 days, the court enters a default judgment against you. This means the debt collector wins automatically without having to prove anything. They can then garnish up to 25% of your take-home pay, levy your bank account, and place liens on real property. A default judgment also appears on your credit report and can last up to 10 years in Missouri.
How to Respond to a Debt Collection Lawsuit in Missouri
Confirm Your Deadline — Count 30 Days From Service
The clock starts the day you were personally served — not the day you opened the mail, not the day you read the papers. Count 30 calendar days from that date. Write it down and circle it. That is your hard deadline to file your Answer.
If you are unsure of your exact service date, call the court clerk and ask when the Return of Service was filed. That date is your official service date.
Read the Petition Carefully
The petition tells you who is suing you, for how much, and why. Read every paragraph. Note the case number — you will use it on every document you file. Check: Is the amount claimed correct? Is the creditor name the actual original creditor or a debt buyer? Is the debt within Missouri's statute of limitations?
Missouri Statute of Limitations on DebtWritten contracts (credit cards, loans): 5 years. Oral contracts: 5 years. Open accounts: 5 years. The clock starts from your last payment or last activity. If the debt is older than 5 years, you may have a complete defense. RSMo § 516.120.
Identify Your Defenses
Before you write your Answer, consider which defenses apply to your situation. You don't need all of them — even one valid defense changes the entire dynamic of the case. See the defenses section below.
Write Your Answer
Your Answer responds to each numbered paragraph in the petition with one of three responses: Admit, Deny, or Deny for lack of information. For most paragraphs, "Defendant denies the allegations in paragraph X" is appropriate unless you know for certain the statement is true.
At the end of your Answer, list your affirmative defenses — statute of limitations, improper service, lack of standing, debt already paid, incorrect amount, etc.
✓ When in Doubt — DenyIf you are not certain a statement is true, deny it. This forces the plaintiff to prove it. You are not lying — you are exercising your legal right to require proof. Your kit includes a complete Answer template with all common defenses pre-written.
File Your Answer with the Court
Take your completed Answer to the same court where the lawsuit was filed — check the petition for the court name and address. Pay the Answer filing fee (typically $20–$35). The clerk will stamp your Answer and give you a copy. File before your 30-day deadline — not on the last day if you can avoid it.
Send a Copy to the Plaintiff's Attorney
You must mail a copy of your Answer to the plaintiff's attorney. Their address is on the petition. Send it via certified mail and keep the receipt. This is called "service of your Answer" and is required by Missouri Rules of Civil Procedure.
Consider Sending a Debt Validation Letter
Under the Federal Fair Debt Collection Practices Act (FDCPA), you have the right to request written verification of the debt. Send a certified letter to the collector requesting: the original creditor's name, the amount owed and how it was calculated, and proof they own or are authorized to collect the debt. If they cannot validate — the case weakens significantly.
Attend All Court Dates
After you file your Answer, the court will schedule hearings. Attend every single one. Missing a hearing after you've filed an Answer can result in a default judgment against you. If you cannot attend, file a Motion for Continuance in advance.
Common Defenses to Debt Collection Lawsuits
You don't need a lawyer to raise these defenses — but you do need to raise them in your Answer or they may be waived.
Statute of Limitations
Missouri gives collectors 5 years to sue on most debts. If it's been more than 5 years since your last payment, the lawsuit may be time-barred.
Lack of Standing
Debt buyers purchase portfolios of old debts — often without complete documentation. They must prove they actually own your specific debt and have the right to sue you.
Debt Already Paid
If you paid this debt — in full or as part of a settlement — raise it. Keep bank records and settlement letters as proof.
Incorrect Amount
Collectors sometimes add fees, interest, or attorney costs they are not entitled to. Require them to prove every dollar of the claimed amount.
Not Your Debt
Identity theft, mistaken identity, or mixed credit files happen. If this isn't your debt, say so clearly in your Answer and provide whatever documentation you have.
Improper Service
If you were not properly served according to Missouri Rules of Civil Procedure, service was defective. This is a procedural defense — raise it in your Answer.
FDCPA Violations
If the collector violated the Fair Debt Collection Practices Act — harassing calls, false statements, threats — you may have counterclaims that offset or exceed the debt.
Bankruptcy Discharge
If this debt was included in a prior bankruptcy discharge, the collector is legally prohibited from collecting it. Provide your bankruptcy discharge paperwork.
The Forms You Need
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Answer to Petition
Your written response to the lawsuit. Must be filed within 30 days of service. Your kit includes a complete template.
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Motion for Continuance
If you need more time or cannot attend a scheduled hearing. File as early as possible.
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Request for Production of Documents
Formal discovery request asking the plaintiff to produce the original credit agreement, account statements, and proof of ownership.
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Motion to Dismiss
If the collector cannot prove standing or the debt is time-barred, you may be able to move for dismissal.
Missouri Debt Defense Filing by County
Answer filing fees and local court procedures vary by county. Your $29.95 kit includes complete details for all 114 Missouri counties.
| County | Answer Filing Fee | Court | Full Details |
|---|---|---|---|
| St. Louis City | ~$25 | Civil Courts Building | Get Kit |
| St. Louis County | ~$28 | Clayton Courthouse | Get Kit |
| St. Charles County | ~$23 | St. Charles Courthouse | Get Kit |
| Jefferson County | ~$22 | Hillsboro Courthouse | Get Kit |
| Jackson County | ~$30 | Kansas City Courthouse | Get Kit |
| + 109 More Counties | Varies | Varies | Get Kit |
Everything You Need to Fight Back. $29.95.
- ✓ Complete Answer template — respond to every paragraph
- ✓ All 8 common defenses — pre-written, ready to use
- ✓ Debt validation letter template (FDCPA)
- ✓ Discovery request template
- ✓ Statute of limitations calculator guide
- ✓ County-specific filing fees — all 114 Missouri counties
- ✓ Court hearing preparation checklist
- ✓ Debt collection legal terms glossary
Don't miss your 30-day deadline
Free Legal Help in Missouri
Legal Services of Eastern Missouri
Free civil legal help for low-income residents — including debt defense cases.
Missouri Courts Self-Help Center
Official forms and procedural guides at courts.mo.gov.
Consumer Financial Protection Bureau
Federal agency overseeing debt collectors. File complaints and get information about your federal rights.