Mo. Rev. Stat. » Chapter 408
Missouri Revised Statutes

Mo. Rev. Stat. § 408.150 (2026)

Lender can not receive excess interest

✓ current as of May 2026
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  408.150.  Lender can not receive excess interest — failure by lender to return excess interest, damages allowed. — If any amount in excess of the interest permitted by sections 408.100 to 408.190 is charged or received on any loan except as the result of a bona fide error, the lender shall be barred from recovery of any interest on the contract and shall upon demand return all interest received to the person from* whom received.  If such interest is not returned upon written demand, then the person paying the same or his legal representative may recover twice the amount paid together with costs of the suit and reasonable attorney's fees, provided that the action is brought within five years of such written demand.

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(L. 1951 p. 875 § 408.032(d), A.L. 1982 H.B. 1341, et al.)

*Word "from" does not appear in original rolls.

Notes of Decisions
Cited in 2 cases, 1988–2011 · leading case: Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011).
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Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011). “They contend that Webster’s Third New International Dictionary includes a definition of “recover,” which is “to gain by legal process.”
Com. Bank of Kansas City, N.A. v. Missouri Div. of Fin., 762 S.W.2d 431 (Mo. Ct. App. 1988). “Similarly, § 408.150 provides penalties for violations of the Act and is expressly limited in scope to §§ 408.”
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