Mo. Rev. Stat. » Chapter 516
Missouri Revised Statutes

Mo. Rev. Stat. § 516.320 (2026)

Actions barred, only revived by written promise

✓ current as of May 2026
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  516.320.  Actions barred, only revived by written promise. — In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take any case out of the operation of the provisions of sections 516.100 to 516.370, or deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing subscribed by the party chargeable thereby.

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(RSMo 1939 § 1035)

Prior revisions: 1929 § 883; 1919 § 1338; 1909 § 1909

(2003) Statute of limitations applicable to legal malpractice claim is not subject to Kansas tolling statute during pendency of review of claim by Kansas professional malpractice screening panel. Eichenwald v. Small, 321 F.3d 733 (8th Cir.).

Notes of Decisions
Cited in 13 cases, 1965–2020 · leading case: Forry v. Dep't of Nat. Resources, 889 S.W.2d 838 (Mo. Ct. App. 1994).
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Forry v. Dep't of Nat. Resources, 889 S.W.2d 838 (Mo. Ct. App. 1994). · cites it 22× “Thus, section 516.320, RSMo 1986, does not remove the bar of the statute of limitations.”
Arst v. Max Barken, Inc., 655 S.W.2d 845 (Mo. Ct. App. 1983). · cites it 6× “Section 516.320 RSMo 1978 provides that in order to take a case out of the statute of limitations, a written promise must be made by the party chargeable thereby.”
Flowers v. McDonald Cnty., 195 S.W.3d 434 (Mo. Ct. App. 2006). · cites it 9× “Section 516.320 provides, however: In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take any case out of the operation of the provisions of sections 516.”
Millington v. Masters, 96 S.W.3d 822 (Mo. Ct. App. 2002). · cites it 6× “Section 516.320 provides: In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take any *831 case out of the operation of the provisions of sections 516.”
Perkins v. Schicker, 641 S.W.2d 432 (Mo. Ct. App. 1982). · cites it 4× “Plaintiffs also assert that the defendants' motion for a stay order constituted an acknowledgment of a debt taking their claims outside the statute of limitations.”
Wallace Cotton Co. v. Est. of Wallace, 722 S.W.2d 103 (Mo. Ct. App. 1986). · cites it 9× “An acknowledgment or promise satisfying the requirements of § 516.320 is such a cause. Section 516.320, as applicable here, reads: “In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take…”
Welborn v. S. Equip. Co., 395 S.W.2d 119 (Mo. 1965). · cites it 3× “320 provides that in actions founded on any contract no acknowledgment or promise shall be evidence of a new or continuing contract taking any case out of the provisions of §§ 516.100 to 516.370 or deprive any party of the benefit thereof unless such acknowledgment or promise be…”
Mary M. Harms v. Gregory R. Harms, 496 S.W.3d 534 (Mo. Ct. App. 2016). · cites it 4× “Third, Gregory contends that the circuit court erred in finding that the debt owed to Mary had been reaffirmed in 2011, 2012, and 2013, because Section 516.320 requires that no acknowledgment or promise can take a contract out of the operation of the provisions of sections 516.”
Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995). · cites it 2× “” § 516.320. However, that section applies only to the statute of limitation provisions found in §§ 516.”
Williams v. Markt, 742 S.W.2d 577 (Mo. Ct. App. 1987). · cites it 6× “120, RSMo 1986 and § 516.320, RSMo 1986. 1 Disposition of this issue centers upon the effect, if any, of the letter from appellant’s counsel, with the check for $1,293.”
Mark Stevenson v. Mary Maxwell (Mo. Ct. App. 2020). · cites it 43× “Point I – Section 516.320 Acknowledgment of Debt via Bankruptcy Plan Stevenson contends in his first point on appeal that the circuit court erred in finding his claim time-barred, arguing the Maxwells’ Chapter 13 Plans represented written acknowledgements of the debt, with an…”
The Schatz Fam. v. Gierer, 399 F. Supp. 2d 973 (E.D. Mo. 2004). · cites it 2× “See Mo.Rev.Stat. § 516.320. Under the savings statute, if a plaintiff brings an action within the applicable limitations period and suffers a nonsuit, that plaintiff may bring a new action within one year of the nonsuit.”
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