Missouri Answer to a Complaint
Missouri gives you 30 calendar days to answer a complaint under Mo. R. Civ. P. 55.25. File a typed answer on a compliant caption or face a default judgment.
Introduction
A Missouri Answer to a Complaint is the written response you file with the clerk of the Circuit Court after you are served with a summons and the plaintiff's petition. It admits or denies the petition's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. The deadline is the part most defendants get wrong. Under Mo. R. Civ. P. 55.25, a defendant shall file an answer within thirty days after the service of the summons and petition, counted as calendar days. What sets a Missouri answer apart is that there is no statewide mandatory answer form for a general civil case. Instead you type the answer as a pleading on a caption that complies with Mo. R. Civ. P. 55.02, naming the court, the parties, and the case number from your summons, then file it with the clerk of the court named in that summons. Miss the thirty-day deadline and the plaintiff can ask the court to enter an interlocutory order of default or a default judgment under Mo. R. Civ. P. 74.05. DocDraft drafts a Missouri-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Missouri Requirements for Answer to a Complaint
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.
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.
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 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.
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.
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.
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.
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.
Frequently Asked Questions
In a general civil case, Mo. R. Civ. P. 55.25 requires a defendant to file an answer within thirty calendar days after the service of the summons and petition, and where service is by mail the thirty days run from when the return receipt is filed. The obligation differs in other courts. In an associate circuit case no separate written answer is required, but affirmative defenses and counterclaims must be filed no later than the return date under Mo. Rev. Stat. § 517.031.2, and in a small claims case you file no answer and instead appear on the date in the summons. Missing your deadline can lead to a default judgment.
Missouri has no statewide mandatory answer form for a general civil case. You type the answer as a pleading on a caption that complies with Mo. R. Civ. P. 55.02, naming the court, the parties, and the case number exactly as they appear on your summons. The answer admits or denies the allegations of the petition paragraph by paragraph and states any affirmative defenses you intend to rely on, such as payment, release, statute of limitations, or statute of frauds.
File your answer with the clerk of the court named in the caption of your summons. General civil cases are heard in the Circuit Court, where the Associate Circuit divisions handle cases up to $25,000 and the Circuit divisions handle cases above $25,000, while small claims cases up to $5,000 are heard in Small Claims Court. Attorneys must use the Missouri eFiling System, while self-represented parties may generally file by mail or in person and then serve a copy on the plaintiff.
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, you can file a Motion and Affidavit in Support of Request to Proceed as a Poor Person, which asks the court to let you proceed in forma pauperis as a poor person unable to pay the costs of the suit. The motion is filed with the same court that is hearing your case.
If you do not answer on time, the plaintiff can ask the court to enter an interlocutory order of default or a default judgment under Mo. R. Civ. P. 74.05. You may be able to set the judgment aside by filing a Motion to Set Aside Default Judgment within a reasonable time not to exceed one year under Mo. R. Civ. P. 74.05(d), stating facts that constitute a meritorious defense and showing good cause. Filing on time is the reliable path.
Yes, and you may be required to. Under Mo. R. Civ. P. 55.32(a), a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, and a compulsory counterclaim should be filed with your answer or you can lose the right to bring it later. A claim that arises from a different transaction may be raised as a permissive counterclaim.