101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Specific versus General Statute of Limitations

There is a general statute of limitations in Missouri stating that most claims must be brought within five (5) years. See Section 516.120, RSMo. Many times, however, it is not immediately obvious which limitations period will apply to a particular claim. For this reason, many will suggest that five years is a general rule of thumb to […]

Read More

Recoupment, Counterclaims

If a claim is not timely filed within the applicable statute of limitations in Missouri, then it is usually barred. This is not always a simple analysis. There are different time periods for different claims and there are certain things which can toll or extend the time for filing. Although it is usually the concern of […]

Read More

Time Limitation to File Breach of Trust Claims in Missouri

A breach of trust is a violation of a duty a trustee owes to a beneficiary. It can result in the payment of money damages. If it is a serious breach of trust, it may result in the Court removing the trustee. How long does a beneficiary have to file a breach of trust and/or […]

Read More

Fraud & Statute of Limitations

If a claim is not brought within the correct limitations period, it is barred. The statute of limitations analysis is not always easy, particularly for fraud/intentional misrepresentation. Fraud has nine elements:  (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) the speaker’s intent […]

Read More

Statute of Limitations, Fraudulent Concealment

The statute of limitations is a deadline by which you must file a lawsuit. If you don’t timely file, then the claim is barred no matter how strong the case may otherwise be. The applicable deadline depends on the nature of the claim. The general, default rule in Missouri is that claims must be brought […]

Read More

When Does the Statute of Limitations Begin to Run?

The statute of limitations exists to bar stale claims. You can have the best claim in the world, but if it’s not filed within the applicable limitations period then it is absolutely barred. The limitations periods vary depending on the claim. For instance, defamation claims are subject to a two (2) year limitation period; breach […]

Read More

Tollings the Statute of Limitations

The statute of limitations refers to a certain time period during which a lawsuit must be brought. If a claim is not filed within the time period, then it is barred and cannot be pursued. Dismissing a petition (i.e., a lawsuit) on the grounds that it is not timely under the statute of limitations is […]

Read More

Missouri Statute of Limitations

Statutes of limitations are laws which place a defined time limit on how long an individual has to bring in court or an administrative agency. They can depend widely on the claim. Under Missouri Law, most of the limitations periods are proscribed in Chapter 516. As a general rule of thumb, many of the limitations […]

Read More