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

Mo. Rev. Stat. § 516.400 (2026)

When penalty goes to party aggrieved, three years

✓ current as of May 2026
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  516.400.  When penalty goes to party aggrieved, three years. — All actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved, shall be commenced within three years after the commission of the offense, and not after.

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(RSMo 1939 § 3788)

Prior revisions: 1929 § 3398; 1919 § 3743; 1909 § 4951

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1976–2022 · leading case: State ex rel. Griffin v. R.L. Persons Constr., Inc., 193 S.W.3d 424 (Mo. Ct. App. 2006).
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State ex rel. Griffin v. R.L. Persons Constr., Inc., 193 S.W.3d 424 (Mo. Ct. App. 2006). · cites it 14× “340, was untimely due to the three-year statute of limitations set out in section 516.400. 2 He raises one point in his appeal, discussed below.”
De Paul Hosp. Sch. of Nursing, Inc. v. Sw. Bell Tel. Co., 539 S.W.2d 542 (Mo. Ct. App. 1976). · cites it 3× “130 or § 516.400, 4 is applicable, *546 limiting damages to $10,355.”
State Ex Rel. Laszewski v. R.L. Persons Constr., Inc., 136 S.W.3d 863 (Mo. Ct. App. 2004). · cites it 3× “The present action was commenced within three years of when the plaintiff began work and pursuant to § 516.400 is timely. The penalty portion of the prevailing wage act appears in § 290.”
Nolan v. Kolar, 629 S.W.2d 661 (Mo. Ct. App. 1982). · cites it 2× “§§ 516.400 and 516.420. Appellant asserts neither statute of limitation started running until January 31, 1975 because the damage to appellant’s title to the properties could not be ascertained until the cloud over the title was removed.”
Schwartz v. Bann-Cor Mortg., 197 S.W.3d 168 (Mo. Ct. App. 2006). “But see § 516.400 (a statute specific to "Actions on Penal Statutes” that also provides for a three-year statute of limitations on actions for a penalty or forfeiture, given in whole or in part to the party aggrieved).”
Bonney v. Env't Eng'g, Inc., 224 S.W.3d 109 (Mo. Ct. App. 2007). · cites it 2× “A ruling is an abuse of discretion when it is clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration. Id. The trial court did not abuse its discretion in denying…”
Sean A. Brady v. John R. Ashcroft & David M. Minnick (Mo. Ct. App. 2022). · cites it 2× “§ 516.400. We conclude that the statutes of limitation found in §§ 516.”
FOUR STAR Enter. Equip., INC., & RGH, LLC, Plaintiffs-Appellants/Respondents v. EMPLOYERS Mut. Cas. Co., Defendant-Respondent/Cross-Appellant (Mo. Ct. App. 2022). · cites it 2× “Because of this private penalty, we held that the applicable statute of limitations was three years because § 516.400 applies to “[a]ll actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved[.”
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