Sale of Goods: 4 Years (see footnote)

5 Years Open Acct.: Oral Contracts; 516.120

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

Written Contracts; 516.110

516.110. Within ten years:

(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

Period of limitation prescribed.

516.100. Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued;



Contracts Required to Be in Writing: Section 432.045: August 28, 2001

Credit agreements, defined--action by debtor on certain credit agreements prohibited unless in writing--contents of written statement requirement--oral modification permitted, when.

432.045. 1. For the purposes of this section, the term "credit agreement" means an agreement to lend or forbear repayment of money, to otherwise extend credit, or to make any other financial accommodation.

2. A debtor may not maintain an action upon or a defense to a credit agreement unless the credit agreement is in writing, provides for the payment of interest or for other consideration, and sets forth the relevant terms and conditions, except this subsection shall not preempt other specific statutes that authorize additional protection for consumer credit used in personal, family or household purposes and the limitations on credit agreements in subsection 3 of this section.

3. (1) If a written credit agreement has been signed by a debtor, subsection 2 of this section shall not apply to any credit agreement between such debtor and creditor unless such written credit agreement contains the following language in boldface ten point type: "Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it."

(2) The provisions of this section shall not apply to credit agreements for personal, family, or household purposes when there is already a written contract governing the transaction, and the debtor and creditor orally agree to defer one or more loan payments or make other credit agreement modifications and such deferrals or modifications are limited in duration to not more than ninety days.

The 4 year UCC limit MAY possbly be claimed as valid for STORE credit cards




#Missouri Revised Statutes (abridged)

Chapter 408: Legal Tender and Interest: Section 408.193


1. For the purposes of this section, the term "credit card" shall mean a credit device defined as such in the Federal Consumer Credit Protection Act.

Missouri Revised Statutes Chapter 408 Legal Tender and Interest Section 408.450

Variable rate agreement by parties, requirement, limitation--account fluctuation, when--not applicable to credit cards--interest, how computed--prepayment penalties, prohibited.


2. All open-end accounts shall fluctuate no more often than monthly and no less often than quarterly.

3. All closed-end accounts shall fluctuate no more often than quarterly and no less than annually; and only one formula and one index shall be used to determine the rate or time price differential for any one closed-end account.

4. This section shall not apply to open-end credit under which a credit card has been issued or any extension of credit made pursuant to sections 408.250 to 408.370.

Section 408.145

Fees for credit cards issued in contiguous states.


2. "Credit card" as used in this section shall mean a credit device defined as such in the Federal Consumer Credit Protection Act and regulations thereunder, except:

(1) The term shall be limited to credit devices which permit the holder to purchase goods and service upon presentation to third parties whether or not the credit card also permits the holder to obtain loans of any other type; and

(2) Such credit device shall only provide credit which is not secured by real or personal property.

3. "Lender" as used in this section shall mean any category of depository or nondepository creditor. Notwithstanding the provisions of section 408.140, the lender shall declare on each credit card contract whether the credit card fees are governed by section 408.140, or by this section.

(1) On loans for thirty days or longer which are other than "open-end credit" as such term is defined in the federal Consumer Credit Protection Act and regulations thereunder, a fee, not to exceed five percent of the principal amount loaned not to exceed fifty dollars may be charged by the lender; however, no such fee shall be permitted on any extension, refinance, restructure or renewal of any such loan, unless any investigation is made on the application to extend, refinance, restructure or renew the loan;

2. Other provisions of law to the contrary notwithstanding, an open-end credit contract under which a credit card is issued by a company, financial institution, savings and loan or other credit issuing company whose credit card operations are located in Missouri may charge an annual fee, provided that no finance charge shall be assessed on new purchases other than cash advances if such purchases are paid for within twenty-five days of the date of the periodic statement therefor.

3. Notwithstanding any other provision of law to the contrary, in addition to charges allowed pursuant to section 408.100, an open-end credit contract provided by a company, financial institution, savings and loan or other credit issuing company which is regulated pursuant to this chapter may charge an annual fee not to exceed fifty dollars.


Missouri law provides: Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts in this state. Mo. Rev. Stat. 516.190.
This borrowing statute operates to adopt the foreign State's statute,thereby barring the action in Missouri as well.
The operative term in the borrowing statute is where the action originates. A cause of action originates under Missouri law at the place where plaintiff's alleged damages stemming from the pleaded cause of action are sustained and capable of ascertainment.