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How long in the state of Missouri

 
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Customer Question

How long in the state of Missouri do I have to take a contractor to court for unfinished, prepaid material and labor?

 

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Country relating to Question: United States
State (if USA): Missouri

Already Tried:
How long in the state of Missouri do I have to take a contractor to court for unfinished labor and material for which he has already been paid?

Submitted: 346 days and 22 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  John Legal replied 346 days and 22 hours ago.

Thank you for trusting Just Answer. I will answer as clearly as possible.

Is the agreement for him to do work oral or in writing?

Customer replied 346 days and 22 hours ago.

Oral

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Expert:  John Legal replied 346 days and 22 hours ago.

The Statute of Limitations for an Oral Contract in Missouri is 5 years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

(2) An action upon a liability created by a statute other than a penalty or forfeiture;

(3) An action for trespass on real estate;

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

(5) An action for relief on the ground of Fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

(RSMo 1939 § 1014)

Prior revisions: 1929 § 862; 1919 § 1317; 1909 § 1889

(2001) Subdivision (4) of section applies to inverse condemnation actions seeking compensation for damage to personal property. Shade v. Missouri Highway and Transportation Commission, 69 S.W.3d 503 (Mo.App.W.D.).

(2005) Replevin action with five-year limitations period applies for return of seized weapons legally possessed by owner and not used in commission of crime. Elam v. Dawson, 156 S.W.3d 807 (Mo.App.W.D.).

 

 

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

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Customer replied 346 days and 21 hours ago.

Thanks John, thats all I wanted to know. I have no other questions ad do not wish to have a monthly adivsory. The $28. is for this question only.

Thanks again,

Pauline XXX

berna-mod41035.6336576389

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Expert:  John Legal replied 346 days and 21 hours ago.

Your welcome. I will send your concern to customer service about the subscription.John Legal41035.0603340625

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 1791
Answered: 5/5/2012

Experience: Over 15 years legal experience.

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