Missouri Promissory Note Statute Of Limitations

State:
Missouri
Control #:
MO-NOTE-2
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Word; 
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Understanding the Missouri promissory note statute of limitations

The statute of limitations for a Missouri promissory note is 10 years. According to RSMo Section 400.3-118.b, this time period applies to enforcing the obligation to pay both a note payable at a definite time and to enforce the obligation after a demand is made on a demand note.

For notes that have a specified due date, the 10-year period originates on that due date or the accelerated due date. In the case of demand notes, the period begins after a demand for payment is made. Importantly, if no demand is made, the action is barred if there has not been any payment of principal or interest for 10 years.

Who should consider a Missouri promissory note?

A Missouri promissory note can benefit various parties involved in lending or borrowing money. This includes:

  • Individuals seeking personal loans from friends or family.
  • Businesses needing to secure financing from investors.
  • Anyone involved in real estate transactions where funds are loaned for property purchases.

These notes formalize the agreement between the borrower and lender, ensuring clarity on repayment terms.

Key components of a Missouri promissory note

When drafting a Missouri promissory note, certain key components should be included to ensure legal validity and clarity:

  • Borrower's promise to pay: Clearly state how much is owed and the payment structure.
  • Interest rate: Define the annual interest rate applicable to the loan.
  • Payment schedule: Specify when payments are due and the total duration of the repayment period.
  • Default terms: Outline what constitutes default and the consequences of such an event.

Inclusion of these elements helps both parties understand their rights and obligations under the agreement.

Benefits of using a Missouri promissory note

Using a Missouri promissory note offers several advantages, such as:

  • Legal documentation: It provides clear evidence of the debt and the terms agreed upon by both parties, which is essential in any potential disputes.
  • Flexibility: The terms can be customized to fit the needs of both the borrower and the lender.
  • Clarity: It mitigates misunderstandings by specifying payment terms, interest rates, and obligations.

These benefits make the promissory note a vital tool for anyone engaging in lending transactions in Missouri.

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FAQ

Most collection cases in Missouri are attempting to collect a debt for a credit card account, a written contact, auto deficiency, or simply trying to collect on a judgment previously entered by the Court. The statute of limitations for credit card accounts under Missouri law, RSMo 516.120, is five years.

In Missouri, the statute of limitations varies depending on the type of debt. Unsecured debt. This is a type of debt without collateral, e.g., credit cards and personal loans. The statute of limitations of unsecured debt with a written contract is ten years, while that of a verbal contract is five years.

Depending on the type of debt, Missouri statute of limitations on debt range between five to 10 years. After that period has passed, the debt becomes time-barred, which means collectors no longer have the right to sue you.

Most statutes of limitations fall in the three-to-six year range, although in some jurisdictions they may extend for longer depending on the type of debt. They may vary by: State laws.

Promissory noteswhich differ from written contracts because scheduled payment and interest are clearhave a 3 year statute of limitations in Missouri.

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Missouri Promissory Note Statute Of Limitations