Missouri Statutes

§ 408.552 — Enforceability of default provisions.

Missouri § 408.552

JurisdictionMissouri

Title XXVITRADE AND COMMERCE

Ch. 408Legal Tender and Interest

This text of Missouri § 408.552 (Enforceability of default provisions.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 408.552 (2026).

Text

An agreement of the parties to a credit transaction concerning default by the borrower is enforceable only to the extent that:

(1)The borrower fails to make a payment as required by agreement; or

(2)The lender's prospect of payment, performance, or ability to realize upon the collateral is significantly impaired; the burden of establishing significant impairment is on the lender.

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Legislative History

(L. 1979 S.B. 305)

Nearby Sections

15

§ 408.010

Constitutional money act — electronic specie currency accepted as legal tender — rules — payment and compensation by, requirements — definitions.

§ 408.015

§ 408.020

When no rate of interest is agreed upon, nine percent allowed as legal interest.

§ 408.030

Interest, maximum rate allowed — penalty for overcharge, limitation on action for — "market rate" to be determined, when, how — discounting to financial organizations authorized.

§ 408.031

Fee in lieu of interest may be charged on loan — exception.

§ 408.032

Recording fees.

§ 408.035

Unlimited interest, when allowed.

§ 408.036

Prepayment penalty by lender prohibited, exception — maximum permitted, exceptions — return of moneys above maximum permitted.

§ 408.040

Interest on judgments, how regulated — prejudgment interest allowed when, procedure.

§ 408.050

Excess interest paid recoverable with costs and attorney fee.

§ 408.052

Points prohibited, exception — penalties for illegal points — violation a misdemeanor — default charge authorized, when, exceptions.

§ 408.060

Defendant may plead usury — judgment, how rendered — corporations cannot enter plea of usury.

§ 408.070

Usurious interest — security agreement invalid.

§ 408.080

Interest may be paid on interest — compounding limited to once a month — prohibited for certain loans.

§ 408.081

Validity of certain existing contract not to be affected, when.

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Bluebook (online)

Missouri § 408.552, Counsel Stack Legal Research, https://law.counselstack.com/statute/mo/408/408.552.