Legal Question in Credit and Debt Law in Missouri

Small Claims

I loaned a friend money back in 2004 and he signed a prommissory note saying that he would pay it back along with accrued interest. He paid 3 months on it and has not paid any since. I checked about any statue of limitations on taking him to small claims and there are none. My question is this...if they put a judgement against him is there a sure way of collecting it if he was to not pay?


Asked on 3/19/08, 6:33 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Small Claims

Although a small claims judgment does not operate as a lien on property, all the standard collection methods, including garnishment of wages and bank accounts, are available. You may need to ask for help from the clerk to find the right forms, but if you win, you can get anything he has in a bank or you can attach his stream of income from his employer.

Keep in mind that there is a statute of limitations that is 10 years on a written promisory note.

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Answered on 3/20/08, 10:08 am


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