Legal Articles

Default, Notices

A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original…

Simple versus Compound Interest on Judgments

In Missouri, Section 408.020, RSMo requires that nine-percent (9%) annual interest typically accrues on monetary judgments. Missouri statutes, however, do not specify whether the interest is simple or compound. Based on case precedent, compound interest is generally not allowable on a judgment. Wallemann v. Wallemann, 817 S.W.2d 548, 549 (Mo. Ct. App. 1991). There are two…


Given the housing market crisis, foreclosures nationwide are on the rise. In Missouri — because the dominant debt instrument used to purchase a home are Deeds of Trust — foreclosure of a deed of trust can commence only in the event of default in the performance required by the terms of the deed of trust….

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