Breach of Contract Statute of Limitations in Missouri
Last verified 2026-07 · Source: Mo. Rev. Stat. § 516.110 ✓ verified · 3 sources
The deadline
10 years
from When damage resulting from the breach is sustained and is 'capable of ascertainment' (Mo. Rev. Stat. § 516.100), under Mo. Rev. Stat. § 516.110.
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If you're researching breach of contract claims in Missouri, the single most important number is 10 years. That's how long Mo. Rev. Stat. § 516.110 gives you to file a breach of contract lawsuit, counted from When damage resulting from the breach is sustained and is 'capable of ascertainment' (Mo. Rev. Stat. § 516.100). File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Missouri Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 10 years | Mo. Rev. Stat. § 516.110 |
| Car Accident | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Credit Card Debt | 5 yrs | Mo. Rev. Stat. § 516.120(1) |
| Medical Malpractice | 2 yrs | RSMo § 516.105 |
| Wrongful Death | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Personal Injury | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Dog Bite | 5 yrs | Mo. Rev. Stat. § 273.036 |
| Slip and Fall | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Defamation | 2 yrs | Mo. Rev. Stat. § 516.140 |
| Medical Debt | 5 yrs | RSMo § 516.120 |
When the Clock Starts
In Missouri, the limitations period for breach of contract claims generally begins on When damage resulting from the breach is sustained and is 'capable of ascertainment' (Mo. Rev. Stat. § 516.100). Missouri recognizes a discovery rule for this claim type: Under § 516.100, the SOL begins when damage is 'capable of ascertainment' — courts interpret this as when plaintiff knows or should know they were damaged, functioning as a discovery rule.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Written contracts: 10 years (§ 516.110). Oral/implied contracts: 5 years (§ 516.120). Minor tolling under § 516.170 extends the deadline until the plaintiff reaches age 21.
Source: Mo. Rev. Stat. § 516.110, official Missouri statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Missouri government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Missouri Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Missouri | 10 years | Mo. Rev. Stat. § 516.110 |
| Iowa | 10 yrs | Iowa Code § 614.1(5)(a) |
| Illinois | 10 yrs | 735 ILCS 5/13-206 |
| Kentucky | 10 yrs | KRS 413.160 |
| Tennessee | 6 yrs | Tenn. Code Ann. § 28-3-109 |
| Arkansas | 5 yrs | Ark. Code Ann. § 16-56-111 |
| Oklahoma | 5 yrs | 12 O.S. § 95(A)(1) |
| Kansas | 5 yrs | K.S.A. 60-511(1) |
| Nebraska | 5 yrs | Neb. Rev. Stat. § 25-205 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in Missouri?
You have 10 years from When damage resulting from the breach is sustained and is 'capable of ascertainment' (Mo. Rev. Stat. § 516.100), under Mo. Rev. Stat. § 516.110.
Can I still sue after 10 years in Missouri?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to breach of contract claims in Missouri?
Yes. Under § 516.100, the SOL begins when damage is 'capable of ascertainment' — courts interpret this as when plaintiff knows or should know they were damaged, functioning as a discovery rule.
What if the victim was a minor?
Missouri generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official RSMo § 516.110 — What action shall be commenced within ten years (Missouri Revisor of Statutes)
- Corroborating Mo. Rev. Stat. § 516.110 — Written contract 10-year limitation (Justia 2024)
- Corroborating Mo. Rev. Stat. § 516.110 (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Missouri attorney.