How to Respond to a Lawsuit in Missouri: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Missouri. Last updated 2026-06-02
In Missouri, a defendant served with a formal civil summons and petition has 30 calendar days to file a written answer under Missouri Supreme Court Rule 55.25. That 30-day written-answer rule governs cases in the Circuit Division of the circuit court and a response to a divorce or dissolution petition. The other tracks work differently. In an associate circuit case (claims up to $25,000), no separate written answer is required under Mo. Rev. Stat. § 517.031, and the defendant appears on the return date and time stated in the summons, though any affirmative defenses, counterclaims, or cross claims must be filed in writing by that return date. Small claims requires no written answer at all under Mo. Rev. Stat. § 482.355; the defendant appears at the time and place set in the summons. A rent and possession eviction has no written answer deadline either under Mo. Rev. Stat. § 535.030; the tenant appears on the court date stated in the summons, which is set not more than twenty-one business days from the date the summons is issued. If you miss a deadline that applies to your case, the court can enter an interlocutory order of default or a default judgment against you under Rule 74.05, which you can later move to set aside within a reasonable time not to exceed one year under Rule 74.05(d).
How long do I have to respond to a lawsuit in Missouri?
It depends on the case type. A formal civil complaint in the circuit court's Circuit Division gives you 30 calendar days after service to file a written answer under Missouri Supreme Court Rule 55.25, and a divorce response follows the same 30-day rule. Associate circuit, small claims, and rent and possession eviction cases require no written answer; you appear on the return date or court date stated in the summons.
How do I respond to a civil summons in Missouri?
For a formal civil case you file a written answer with the clerk of the circuit court named in the summons, then serve a copy on the plaintiff or the plaintiff's attorney and file a certificate of service under Missouri Supreme Court Rule 43.01. The answer admits or denies each numbered allegation of the petition and states your defenses. Attorneys must e-file through the Missouri eFiling System; self-represented parties may generally file by mail or in person.
What happens if I don't answer a summons in Missouri?
If you miss the deadline that applies to your case, the court can enter an interlocutory order of default or a default judgment against you under Missouri Supreme Court Rule 74.05, granting what the petition requests. In small claims and other appearance-based cases, failing to appear on the date in the summons lets the court enter judgment after the plaintiff presents a prima facie case. You can move to set the default aside within a reasonable time not exceeding one year under Rule 74.05(d).
How do I answer a summons without an attorney in Missouri?
Self-represented defendants can file an answer themselves. Missouri has no statewide mandatory answer form for general civil cases, so you type your response as a pleading that follows the caption rules in Missouri Supreme Court Rule 55.02. Respond to each numbered paragraph of the petition, list your defenses, file with the clerk, and serve the plaintiff. There is generally no fee to file an answer, and a fee waiver is available if you cannot afford court costs.
Missouri response framework at a glance
Missouri's response rules turn first on which track your case is in. A formal civil case in the Circuit Division of the circuit court is governed by Missouri Supreme Court Rule 55.25, which directs the defendant to file a written answer within 30 calendar days after the summons and petition are served. A response to a divorce or dissolution petition follows the same 30-day rule. The other tracks are appearance-based rather than answer-based. In an associate circuit case (claims up to $25,000), Mo. Rev. Stat. § 517.031 provides that no separate written answer need be filed; the defendant appears on the return date and time stated in the summons, and any affirmative defenses, counterclaims, or cross claims must be filed in writing not later than that return date. Small claims (claims up to $5,000) requires no written answer under Mo. Rev. Stat. § 482.355; the defendant appears at the time and place set in the summons, and a defendant who is duly served but fails to appear can have judgment entered after the plaintiff presents a prima facie case. A rent and possession eviction has no written answer deadline under Mo. Rev. Stat. § 535.030; the tenant appears on the court date stated in the summons, which is set not more than twenty-one business days from the date the summons is issued and is served at least four days before that date. Answers in formal cases are filed with the clerk of the circuit court named in the summons and served on the plaintiff under Rule 43.01. Missouri has no statewide mandatory answer form for general civil; a typed pleading must meet the caption rules in Rule 55.02. The Missouri Courts judicial-branch website at www.courts.mo.gov is the official source for circuit court contacts, court forms, and the fee-waiver request defendants need.
Court Resources
Missouri Courts. The Missouri judicial branch website
The official judicial-branch site, the source for circuit court contacts, self-help resources, court forms, and the rules that govern how a defendant files and serves a response or appears on a return date.
Missouri Courts fee-waiver request (Request to Proceed as a Poor Person)
The official Motion and Affidavit in Support of Request to Proceed as a Poor Person, which a defendant who cannot afford court costs can file to proceed in forma pauperis under Mo. Rev. Stat. § 514.040.
Missouri Revisor of Statutes
The official text of Missouri statutes, including the associate circuit response rule (§ 517.031), the small claims procedure (§ 482.355), and the rent and possession eviction statute (§ 535.030).
Relevant Laws
Missouri Supreme Court Rule 55.25 (30-Day Answer to a Civil Petition)
Directs that a defendant shall file an answer within thirty days after the service of the summons and petition. This is the standard written-answer deadline for formal civil cases in the Circuit Division and for responses to a dissolution petition.
Mo. Rev. Stat. § 517.031 (Associate Circuit. No Separate Written Answer)
Provides that no responsive pleading need be filed in an associate circuit case and that affirmative defenses, counterclaims, and cross claims must be filed in writing not later than the return date and time of the summons. The defendant appears on that return date rather than filing a separate answer.
Mo. Rev. Stat. § 482.355 (Small Claims. Defendant Appears, No Answer Required)
States that the defendant in a small claims action shall appear at the time and place specified in the summons, that if the defendant appears he need not file an answer, and that a defendant who is duly served but fails to appear can have judgment entered after the plaintiff establishes a prima facie case.
Mo. Rev. Stat. § 535.030 (Rent and Possession. Court Date in the Summons)
Requires that the summons in a rent and possession action be served at least four days before the court date and include a court date not more than twenty-one business days from the date the summons is issued. The tenant appears on that court date; there is no separate written answer deadline.
Missouri Supreme Court Rule 74.05 (Default and Setting Aside a Default)
Provides that an interlocutory order of default or a default judgment may be entered against a defendant who fails to respond, and allows a court to set aside a default judgment on motion stating facts constituting a meritorious defense and for good cause shown, filed within a reasonable time not to exceed one year.
Mo. Rev. Stat. § 516.110 (Ten-Year Limitations Period for Written Contracts)
Sets a ten-year statute of limitations for an action upon a writing for the payment of money or property, the period most relevant to defending many debt collection lawsuits in Missouri.
Missouri Supreme Court Rule 55.32(a) (Compulsory Counterclaim)
Requires a defendant to plead a claim against the plaintiff that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim as a compulsory counterclaim, while other claims may be raised as permissive counterclaims.
Regional Variances
Answer deadline by case track in Missouri
Formal civil case, Circuit Division (Missouri Supreme Court Rule 55.25)
30 calendar days after the summons and petition are served to file a written answer with the clerk of the circuit court. This is the standard written-answer track for formal civil cases, generally those over $25,000.
Associate circuit case (Mo. Rev. Stat. § 517.031)
No separate written answer is required. The defendant appears on the return date and time stated in the summons, and any affirmative defenses, counterclaims, or cross claims must be filed in writing not later than that return date. Do not wait for a paper answer deadline that does not exist.
Small claims (Mo. Rev. Stat. § 482.355)
No written answer is permitted or required. The defendant appears at the time and place set in the summons, and a defendant who is duly served but fails to appear can have judgment entered after the plaintiff presents a prima facie case.
Rent and possession eviction (Mo. Rev. Stat. § 535.030)
No separate written answer deadline. The tenant appears on the court date stated in the summons, which is set not more than twenty-one business days from the date the summons is issued and served at least four days before that date. This is a fast track, so act immediately.
Divorce or dissolution response (Missouri Supreme Court Rule 55.25)
30 days after service of the petition and summons to file a written answer and serve a copy on the petitioner. Missing it can let the dissolution proceed by default.
Which Missouri court hears your case, by amount
Small Claims Court
Hears claims up to the small-claims dollar cap of $5,000. No written answer is required, and the defendant appears at the time and place set in the summons.
Associate Circuit Division, Circuit Court
Handles civil cases up to $25,000. No separate written answer is required; the defendant appears on the return date and time stated in the summons, with affirmative defenses and counterclaims filed in writing by that date.
Circuit Division, Circuit Court
Handles civil cases above $25,000. A written answer is required within 30 calendar days of service under Missouri Supreme Court Rule 55.25, filed with the clerk of the circuit court named in the summons.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A formal civil complaint in the Circuit Division is due in 30 calendar days under Missouri Supreme Court Rule 55.25, and a dissolution response follows the same 30-day rule. An associate circuit case (up to $25,000) requires no written answer under Mo. Rev. Stat. § 517.031; you appear on the return date and time in the summons, and any affirmative defenses or counterclaims must be filed in writing by that date. Small claims (up to $5,000) requires no written answer under Mo. Rev. Stat. § 482.355; you appear at the time and place set in the summons. A rent and possession eviction has no written answer deadline under Mo. Rev. Stat. § 535.030; you appear on the court date in the summons, set not more than twenty-one business days from issuance. Mark the exact date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the caption on the summons to confirm whether your case is small claims (up to $5,000), associate circuit (up to $25,000), formal circuit civil (over $25,000), rent and possession eviction, or family. The track decides whether you file a written answer or simply appear, and which court hears the case. Confirm the circuit court named in the summons, because that is where any answer must be filed and where you must appear.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, or, in debt-buyer cases, lack of standing. In debt cases, check the ten-year written-contract limitations period under Mo. Rev. Stat. § 516.110. If you have a claim against the plaintiff arising from the same transaction, Missouri Supreme Court Rule 55.32(a) makes it a compulsory counterclaim that you must plead in your response or lose.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation of the petition by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Missouri has no statewide mandatory answer form for general civil cases, so type the answer as a pleading that meets the caption rules in Missouri Supreme Court Rule 55.02, with the court, parties, and case number in the caption. In associate circuit and small claims cases you do not file a written answer; you appear on the return date instead.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile your written answer with the clerk of the circuit court named in the summons. Attorneys must e-file through the Missouri eFiling System under the Missouri court operating rules, while self-represented parties may generally file by mail or in person. There is generally no fee to file an answer, though a counterclaim may carry a fee depending on the county.
Serve the plaintiff and file a certificate of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or authorized electronic means under Missouri Supreme Court Rule 43.01, then file a certificate of service with the court. An answer that is filed but not served, or served without a certificate on file, can be challenged.
Request to proceed as a poor person if you cannot afford costs
At the time of filing days after startingIf you cannot afford court costs, file a Motion and Affidavit in Support of Request to Proceed as a Poor Person to ask the court to let you proceed in forma pauperis under Mo. Rev. Stat. § 514.040. Filing the request lets you proceed without paying costs while the court decides whether you qualify.
Appear on your return date or court date
As set by the court days after startingCalendar every date the court sets, including the return date or court date in an associate circuit, small claims, or rent and possession eviction case, where you appear instead of filing a written answer, and any later hearing in a formal civil case. Bring your evidence and, in a formal case, a copy of your filed answer. Attorney review is available as an option before you respond if your case involves a short eviction timeline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A formal civil complaint in the Circuit Division is due in 30 calendar days under Missouri Supreme Court Rule 55.25, and a dissolution response follows the same 30-day rule. An associate circuit case (up to $25,000) requires no written answer under Mo. Rev. Stat. § 517.031; you appear on the return date and time in the summons, and any affirmative defenses or counterclaims must be filed in writing by that date. Small claims (up to $5,000) requires no written answer under Mo. Rev. Stat. § 482.355; you appear at the time and place set in the summons. A rent and possession eviction has no written answer deadline under Mo. Rev. Stat. § 535.030; you appear on the court date in the summons, set not more than twenty-one business days from issuance. Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the caption on the summons to confirm whether your case is small claims (up to $5,000), associate circuit (up to $25,000), formal circuit civil (over $25,000), rent and possession eviction, or family. The track decides whether you file a written answer or simply appear, and which court hears the case. Confirm the circuit court named in the summons, because that is where any answer must be filed and where you must appear. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, or, in debt-buyer cases, lack of standing. In debt cases, check the ten-year written-contract limitations period under Mo. Rev. Stat. § 516.110. If you have a claim against the plaintiff arising from the same transaction, Missouri Supreme Court Rule 55.32(a) makes it a compulsory counterclaim that you must plead in your response or lose. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation of the petition by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Missouri has no statewide mandatory answer form for general civil cases, so type the answer as a pleading that meets the caption rules in Missouri Supreme Court Rule 55.02, with the court, parties, and case number in the caption. In associate circuit and small claims cases you do not file a written answer; you appear on the return date instead. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File your written answer with the clerk of the circuit court named in the summons. Attorneys must e-file through the Missouri eFiling System under the Missouri court operating rules, while self-represented parties may generally file by mail or in person. There is generally no fee to file an answer, though a counterclaim may carry a fee depending on the county. | - | On or before the answer deadline |
| Serve the plaintiff and file a certificate of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or authorized electronic means under Missouri Supreme Court Rule 43.01, then file a certificate of service with the court. An answer that is filed but not served, or served without a certificate on file, can be challenged. | - | With or promptly after filing |
| Request to proceed as a poor person if you cannot afford costs | If you cannot afford court costs, file a Motion and Affidavit in Support of Request to Proceed as a Poor Person to ask the court to let you proceed in forma pauperis under Mo. Rev. Stat. § 514.040. Filing the request lets you proceed without paying costs while the court decides whether you qualify. | - | At the time of filing |
| Appear on your return date or court date | Calendar every date the court sets, including the return date or court date in an associate circuit, small claims, or rent and possession eviction case, where you appear instead of filing a written answer, and any later hearing in a formal civil case. Bring your evidence and, in a formal case, a copy of your filed answer. Attorney review is available as an option before you respond if your case involves a short eviction timeline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the petition by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Missouri has no statewide mandatory answer form for general civil cases, so you type the answer as a pleading that meets the caption rules in Missouri Supreme Court Rule 55.02, with the court, parties, and case number in the caption.
File your written answer with the clerk of the circuit court named in the summons within 30 calendar days of service under Missouri Supreme Court Rule 55.25 if your case is in the Circuit Division. Serve a copy on the plaintiff or the plaintiff's attorney and file a certificate of service under Rule 43.01. In associate circuit and small claims cases there is no written answer; you appear on the return date stated in the summons instead.
Under Missouri Supreme Court Rule 74.05, the court can enter an interlocutory order of default or a default judgment once you miss your answer deadline or fail to appear on the date in your summons. You can file a Motion to Set Aside Default Judgment under Rule 74.05(d) within a reasonable time not to exceed one year, by stating facts showing a meritorious defense and good cause. Act quickly, because the one-year outer limit is firm.
Sometimes. Parties often agree in writing to extend a response deadline, and you can ask the court for additional time. In an associate circuit case, the court may grant leave to file affirmative defenses, counterclaims, or cross claims after the return date under Mo. Rev. Stat. § 517.031. Get any extension in writing, because the default clock keeps running until the court grants more time or you respond.
There is generally no fee to file an answer in Missouri, though a counterclaim may carry a fee 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 to ask the court to let you proceed in forma pauperis under Mo. Rev. Stat. § 514.040. The court waives costs if you qualify as unable to pay.
Yes. Improper service of process is a recognized defense in Missouri. A defendant can raise insufficient service of process and ask the court to find that service did not follow the rules, which can mean the time to respond has not properly started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default.
Common affirmative defenses include the statute of limitations, accord and satisfaction, payment, release, fraud, estoppel, waiver, and res judicata. To assert your own claim against the plaintiff, you file a counterclaim. Under Missouri Supreme Court Rule 55.32(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, so related claims should be pleaded in your response or you may lose them.
Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses, or appear on the return date if your case is in associate circuit or small claims. In debt cases, check the ten-year statute of limitations for written contracts under Mo. Rev. Stat. § 516.110 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment.
A respondent served with a petition for dissolution of marriage and summons has 30 days to file a written answer and serve a copy on the petitioner under Missouri Supreme Court Rule 55.25. You file your response with the circuit court that issued the summons. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.
In Missouri, you raise certain threshold defenses, such as failure to state a claim, lack of jurisdiction, or insufficient service of process, by a pre-answer motion to dismiss rather than in the answer itself. The motion is filed within the same response window that applies to your answer and is set for the court to decide. If the court denies it, you then file your answer to the petition. These motions are technical, so attorney review is available as an option before you file.
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