You opened the mail and found a Summons. A debt collector is suing you. Take a deep breath. This is a serious but manageable problem.
The crucial first step is to file a formal Answer with the court. Failing to file your Answer before the deadline will likely result in a default judgment, allowing the collector to garnish your wages.
We created this simple guide to help you understand the specific rules for defending yourself against a debt lawsuit in Missouri.
You can create a legally sound Answer document in 15 minutes. Start your court-ready Missouri Answer now with DebtAegis.
1. Your Deadline to Respond to a Missouri Debt Summons
The time you have to respond is strict. In Missouri, you have 30 days to file your Answer after the collector serves you with the Summons and Complaint.
- This 30-day clock begins the day you officially receive the lawsuit papers.
- The deadline includes weekends and holidays.
- If the 30th day falls on a date the court is closed, you generally have until the next business day to file.
Do not wait. Aim to submit your Answer well before the 30-day period ends to ensure the court accepts it. If you miss the deadline, you lose the case automatically by default judgment.
2. Preparing Your Court-Ready Answer Document
The Missouri Court system does not provide a blank template form for an Answer to a Complaint. You must create the document yourself, following strict formatting rules.
This is where DebtAegis helps. We are a document preparation service, not a law firm. We help you create the Answer you need to file as a self-represented (pro se) defendant.
Our platform takes your simple, easy-to-understand responses and translates them into the proper legal language and format the court requires. This focus on procedural compliance is what protects your case.
Your Answer document must be properly formatted. It must include all the case information: your name, the plaintiff’s name, the case number, and the court’s name. The Summons and Complaint contain all of this information. You will create a “caption” for your Answer that mirrors the one on the court’s paperwork.
Get started with DebtAegis to quickly draft your Missouri Answer.
3. The Three Steps to Completing Your Answer
Once you have the formatting right, your Answer must do three main things:
- Answer each claim in the Complaint.
- Assert your affirmative defenses.
- File the Answer with the court and serve the plaintiff’s attorney.
A. Answer Each Claim
Read the Complaint carefully. The plaintiff lists their allegations against you in numbered paragraphs. You must address each one individually. You have three ways to respond:
- Admit: Use this for facts that are true (like your name or address).
- Deny: Use this if you believe the statement is false.
- Deny due to lack of knowledge: Use this if you cannot confirm or deny the statement (often the safest response for claims about the debt’s amount or ownership).
Many attorneys choose a “general denial” to deny everything, forcing the burden of proof entirely onto the plaintiff. The key is to make sure your numbered responses line up exactly with the numbered paragraphs in the Complaint.
B. Assert Your Affirmative Defenses
This is where you fight back. An affirmative defense is a legal reason why the plaintiff should not win the case, even if the basic facts are true.
You must list every relevant defense in your Answer. If you don’t list a defense now, you may lose the right to use it later.
Common affirmative defenses include:
- Statute of Limitations: The law sets a deadline for collectors to sue. The Missouri statute of limitations for most debts varies, but it could be 3 to 10 years depending on the debt type. If the deadline has passed, the case is invalid.
- Identity Theft/Wrong Person: The account is not yours.
- Debt Was Discharged in Bankruptcy: You no longer have a legal obligation to pay.
- Plaintiff Does Not Own the Debt: Third-party collection agencies must prove they legally own the specific debt they are suing on. Often, they cannot provide the paper trail.
- Amount is Incorrect: The amount claimed is inflated by excessive fees and interest charges.
Note: Being unable to pay the debt is not a legal defense. However, you may also assert counterclaims if the collector violated the Fair Debt Collections Act (FDCPA), which applies in Missouri.
C. File and Serve the Answer
You must complete two actions:
- File with the Court: Mail or hand-deliver one copy of the signed Answer to the Clerk of Court.
- Serve the Plaintiff: Mail or hand-deliver another copy to the plaintiff’s attorney (whose address is on the Complaint).
We strongly recommend using USPS Certified Mail with Return Receipt for both deliveries. This gives you proof of the date the court and the attorney received your documents.
Procedural Advantage: The Filing Instructions Sheet included with every DebtAegis order guides you step-by-step on where to send your documents to ensure procedural compliance and court acceptance. This helps you create “bulletproof” evidence of your filing.
Ready to Take Control?
The time to act is now. You do not need to be an expert to defend yourself. You just need the right document prepared correctly and filed on time.
DebtAegis simplifies this complex process, ensuring your Answer meets the court’s formatting rules. We offer a 100% Money-Back Guarantee if the court rejects your filing due to an error on our part.