Missouri Answer to a Complaint

Introduction

Key Things to Know

1. 1

   Your deadline is 30 calendar days. Under Mo. R. Civ. P. 55.25, a defendant shall file an answer within thirty days after the service of the summons and petition. Where service is by mail, the thirty days run from when the return receipt or acknowledgment of receipt is filed.

2. 2

   There is no statewide answer form for general civil cases. Missouri has no mandatory answer form for a general civil case, so you type the answer as a pleading on a caption that complies with Mo. R. Civ. P. 55.02, using the court, parties, and case number from your summons.

3. 3

   Associate circuit cases work differently. In an associate circuit case, no separate written answer is required under Mo. Rev. Stat. § 517.031.2, but affirmative defenses, counterclaims, and cross claims must be filed in writing no later than the return date and time stated in the summons.

4. 4

   Small claims requires no written answer. Under Mo. Rev. Stat. § 482.355, a defendant in a small claims action need not file an answer and instead must appear at the time and place specified in the summons; a duly served defendant who fails to appear can have judgment entered against them.

5. 5

   A rent and possession (eviction) case has no separate answer deadline. Under Mo. Rev. Stat. § 535.030, the tenant appears on the court date stated in the summons, which is served at least four days before that date and set not more than twenty-one business days from the date the summons is issued.

6. 6

   There is no fee to file an answer, and a waiver exists. The answer filing fee is generally $0, though a counterclaim may incur fees depending on the county. If you cannot afford court costs, you can file a Motion and Affidavit in Support of Request to Proceed as a Poor Person.

7. 7

   A related claim may be compulsory. Under Mo. R. Civ. P. 55.32(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, and the statute of limitations on a written contract is ten years under Mo. Rev. Stat. § 516.110.

Missouri Requirements for Answer to a Complaint

• 30-Day Answer Deadline

  In a general civil case your answer is due within thirty calendar days after the service of the summons and petition under Mo. R. Civ. P. 55.25, and where service is by mail the thirty days run from when the return receipt is filed. In an associate circuit case no separate answer is required, but affirmative defenses and counterclaims must be filed by the return date under Mo. Rev. Stat. § 517.031.2.

• Typed Pleading, No Statewide Form

  Missouri has no statewide mandatory answer form for a general civil case, so you type the answer as a pleading rather than filling in a form. The answer responds to the petition paragraph by paragraph, admitting or denying each allegation, and states any affirmative defenses you intend to rely on.

• Compliant Court Caption

  Caption the answer to comply with Mo. R. Civ. P. 55.02, naming the Circuit Court and county, the parties, and the case number exactly as they appear on your summons, with the title Defendant's Answer to Petition. General civil cases are heard in the Circuit Court and small claims up to $5,000 in Small Claims Court.

• File With the Court Clerk

  File your answer with the clerk of the court named in the caption of your summons. Attorneys must use the Missouri eFiling System under Mo. Court Operating Rule 27, while self-represented parties may generally file by mail or in person.

• Serve a Copy on the Plaintiff

  Under Mo. R. Civ. P. 43.01, serve a copy of your answer on the plaintiff's attorney, or the plaintiff if unrepresented, by mail, hand delivery, or electronic means if authorized, and file a certificate of service showing how and when you served it.

• No Answer Fee, Waiver Available

  There is generally no fee to file an answer in Missouri, though a counterclaim may incur fees depending on the county. If you cannot afford court costs, file a Motion and Affidavit in Support of Request to Proceed as a Poor Person to proceed in forma pauperis under Mo. Rev. Stat. § 514.040.

• Affirmative Defenses

  State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, estoppel, or waiver. The statute of limitations on a written contract is ten years under Mo. Rev. Stat. § 516.110.

• Compulsory Counterclaim If Any

  Under Mo. R. Civ. P. 55.32(a), a counterclaim that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.