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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