Legal Question in Civil Litigation in Missouri
What is the Statue of Limitations to suing someone civilly?
I rented a house, owners never paid a dime to their mortgage and left me almost homeless, with no warning 8 months later (I found out by way of eviction hearing notice). I gave them $8400, out of my last of my $10k, and had too many dogs to just up and move. I'm going to go for the emotional distress too...cause boy was that a roller coaster ride I don't wish on my enemy! The owners never gave me my deposit back. I know in state of MO, landlords must return deposit within 30 days or else it get's doubled. Deposit amount is $3600, but small claims maximum is (I'm told) $3000. Statue of Limitation is what I'm concerned with now. Does anyone know what the statue of limitation to file civilly in KC, MO? Thanks!
Donna
1 Answer from Attorneys
Re: What is the Statue of Limitations to suing someone civilly?
Depending on the cause of action you assert the statute could be as long as five years. If there was a written lease that they breached, it would be five years. If there was no written lease, the question would be what cause of action you could assert. You might have a cause of action for intentional or negligent infliction of emotional distress.
The limit in small claims court is $3,000. You can always sue for less than that amount, but the real question is what will you collect? If the bank foreclosed on the house, my guess is that your former landlords have very little property or money that you could obtain by way of judgment. A judgment still has to be collected, and that is also a lot of work.
If the property was insured, you may wish to speak with the landlord's former insurer (i.e., call the bank that took possession and ask who the insurer was... they should tell you). The insurer might well cover the incident, and you could avoid having to sue.
This is small enough you can handle it yourself. Good luck.
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