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Real Party in Interest, Assignment

A “real party in interest” is one who possesses the legal right to bring a suit and not necessarily the person who benefits from the legal recovery. Asumus v. Capital Region Family Practice, 115 S.W.3d 427, 436 (Mo. Ct. App. 2003). The “real party in interest rules”generally exist to include include all beneficially interested parties. Id.

Creditors may assign debts and liabilities. When there is an absolute assignment of an entire right to maintain a civil action, the assignee becomes the real party in interest. Daniele v. Missouri Dept. of Conservation, 282 S.W.3d 876, 880 (Mo. Ct. App. 2009) Notably, it must be the entire cause of action. Id. If there is a partial or conditional assignment, the assignor still retains an interest and usually must be a party.

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