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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
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Experience:  Attorney
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If you default on a payday loan how many years do they have

Customer Question

If you default on a payday loan how many years do they have to go to court. Also, what if the case had previously been dismissed without prejudice?
JA: What state is this in? And when did the issue begin?
Customer: Missouri.
JA: Has anything been filed or reported?
Customer: It was dimissed in 2010 and they took it back again in 2015
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have been garnishing my wages since 2015 and I'm not sure they are count all I have payed. And i didn't appear at either but was served papers for the 2015 case.
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

This is attorney Bill offering assistance to your legal question.

If the loan agreement was in writing the statute of limitations is 10 years from the time the action accrued ; in the case of a verbal agreement to repay the statute of limitations is 5 years.

This is set out in the revised statutes.

"

516.110. Within ten years:

(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

(2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;"

When an action is dismissed with prejudice the same action cannot be brought again.

So you may have the option of filing a motion to dismiss the subsequent case if the complaint is based upon the original action that was dismissed, and or the statute of limitations.

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Attorney Bill