Missouri statute of limitations by claim
In Missouri you generally have 5 years to sue for personal injury, 5 years for property damage, 10 years on a written contract and 5 years on an oral one, but only 2 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 5 years | Mo. Rev. Stat. § 516.120(4)Bills to cut this to 2 years (HB 68 in 2025; HB 2182 and SB 1799 in 2026) and the 2026 package HB 1664 did not become law; the period is still 5 years. |
| Medical malpractice | 2 years | Mo. Rev. Stat. § 516.105Repose: 10 years from the act of neglect, or the minor's 20th birthday if later (§ 516.105.1) Foreign object left in the body and failure to inform of test results: 2 years from discovery or when it should have been discovered. Minors under 18 have until their 20th birthday. |
| Wrongful death | 3 years | Mo. Rev. Stat. § 537.100Time a defendant is absent from Missouri and cannot be personally served is not counted. After a nonsuit, a new action may be filed within 1 year. |
| Property damage | 5 years | Mo. Rev. Stat. § 516.120(4)Covers taking, detaining or injuring goods or chattels. Trespass on real estate is also 5 years (§ 516.120(3)). |
| Written contract | 10 years | Mo. Rev. Stat. § 516.110(1)10 years applies to an action upon a writing for the payment of money or property. Other contract claims, including written contracts without a promise to pay money, fall under the 5-year period of § 516.120(1). |
| Oral contract | 5 years | Mo. Rev. Stat. § 516.120(1) |
| Credit card / account debt | 5 years | Mo. Rev. Stat. § 516.120(1)Courts apply 5 years to credit card suits unless the creditor produces a signed writing with a promise to pay money, which brings in the 10-year period of § 516.110(1) (Capital One Bank v. Creed, Mo. Ct. App. 2007). A new promise or acknowledgment must be in a writing signed by the debtor (§ 516.320); a payment of principal or interest keeps its effect (§ 516.340). |
| Fraud | 5 years | Mo. Rev. Stat. § 516.120(5)Repose: Discovery must occur within 10 years (§ 516.120(5)) |
| Defamation | 2 years | Mo. Rev. Stat. § 516.140Same 2 years for libel and slander, and for injurious falsehood. |
| Product liability | 5 years | Mo. Rev. Stat. § 516.120(4)Missouri has no general statute of repose for product liability claims. |
What is different in Missouri
Bills to cut Missouri’s 5-year injury period to 2 years were filed in 2025 and 2026 and did not pass, so the 5-year rule still stands. Missouri also extends minority tolling to age 21 rather than 18, and malpractice claims of minors have until age 20 at the latest.
- Personal injury and property damage claims get 5 years, one of the longest periods in the U.S.; bills to cut it to 2 years failed in 2025 and 2026. (Mo. Rev. Stat. § 516.120(4))[10]
- Minority tolling runs until age 21, not 18. (Mo. Rev. Stat. § 516.170)[11]
- Claims on a written promise to pay money get 10 years, but other contract claims get 5 years. (Mo. Rev. Stat. §§ 516.110(1), 516.120(1))[12]
- Any sexual offense against a victim 18 or under can be prosecuted at any time. (Mo. Rev. Stat. § 556.037)[13]
When the clock starts and stops
Missouri uses a 'capable of ascertainment' test: a claim accrues when the damage is sustained and can be discovered and measured, not when the wrong is done. Fraud has a true discovery rule with a 10-year cap. (Mo. Rev. Stat. §§ 516.100, 516.120(5))
Minors. Missouri pauses the clock while the injured person is a minor: the period starts at age 21. The statute tolls for a person 'within the age of twenty-one years', so the period starts at 21 even though the age of majority is 18. Medical malpractice is excepted: minors have until their 20th birthday (§ 516.105).[6]
Other tolling. Mental incapacity at accrual tolls (§ 516.170); a resident defendant's absence from Missouri can toll (§ 516.200); a new action may be filed within 1 year after a nonsuit (§ 516.230).
Suing the government in Missouri
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | No general notice-of-claim requirement; sovereign immunity is waived only for motor-vehicle and dangerous-property-condition injuriesOrdinary limitation period for the claim type (e.g. 5 years for personal injury); damages are capped under § 537.610 | Mo. Rev. Stat. § 537.600 |
| Cities, counties and other local entities | Written notice to the mayor within 90 days for injuries from defects in a bridge, street, sidewalk or thoroughfare (third-class cities and cities of 100,000+)Ordinary limitation period for the claim type after notice is given | Mo. Rev. Stat. §§ 77.600, 82.210 |
Criminal statute of limitations in Missouri
Most felonies in Missouri: 3 years for most felonies; 5 years for class B felony arson (§ 569.040) and for §§ 569.050, 569.055. Misdemeanors: 1 year (infractions: 6 months).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for most felonies; 5 years for class B felony arson (§ 569.040) and for §§ 569.050, 569.055Time does not run while the accused is absent from Missouri (up to 3 years), hiding from justice, or after a DNA profile is reported until the person is identified (§ 556.036.6). | Mo. Rev. Stat. § 556.036.2 |
| Misdemeanors | 1 year (infractions: 6 months) | Mo. Rev. Stat. § 556.036.2 |
| No time limit | Murder; first-degree rape and forcible rape; first-degree sodomy and forcible sodomy; attempts of these; any class A felony; any sexual offense against a victim 18 or under | Mo. Rev. Stat. §§ 556.036.1, 556.037 |
| Sexual assault | Adult victims: no limit for first-degree or forcible rape and sodomy; other sexual felonies 3 years. Victims 18 or under: no limit for any sexual offense. | Mo. Rev. Stat. §§ 556.036.1, 556.037 |
| Theft | No theft-specific period: felony stealing 3 years, misdemeanor 1 year; where fraud or breach of fiduciary duty is an element, 1 extra year after discovery (extension capped at 3 years) (§ 556.036.3). |
Worked example
A boating injury at the Lake of the Ozarks on July 4, 2024: under the personal injury deadline is July 4, 2029, which falls on a weekend or federal holiday, so the filing day is usually extended to July 5, 2029. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2033, making the deadline September 3, 2038.
For a claim of $5,000 or less, Missouri’s small claims (Small Claims Court (Associate Circuit Division)) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Missouri?
What is the statute of limitations on debt in Missouri?
Does the statute of limitations pause for minors in Missouri?
What crimes have no statute of limitations in Missouri?
Is Missouri’s personal injury statute of limitations still 5 years?
Sources
- Mo. Rev. Stat. § 516.120(4): personal injury limitation period
- Mo. Rev. Stat. § 516.105: medical malpractice limitation period
- Mo. Rev. Stat. § 537.100: wrongful death limitation period
- Mo. Rev. Stat. § 516.110(1): written contract limitation period
- Mo. Rev. Stat. § 516.120(1): credit card / account debt limitation period
- Mo. Rev. Stat. § 516.170: tolling for minors
- Mo. Rev. Stat. § 537.600: claims against the state
- Mo. Rev. Stat. §§ 77.600, 82.210: claims against local government
- Mo. Rev. Stat. § 556.036.2: criminal limitation periods
- Mo. Rev. Stat. § 516.120(4)
- Mo. Rev. Stat. § 516.170
- Mo. Rev. Stat. §§ 516.110(1), 516.120(1)
- Mo. Rev. Stat. § 556.037
- Missouri small claims (official court self-help)