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Mo. Rev. Stat. § 408.092

Attorney fees, enforcement of credit agreements, limitations

Known as the Missouri Retail Credit Sales Law

The act spans §§ 408–408 (112 sections).

Applied in 1 court decision — leading case Steeby v. Discover Bank (2013)

Most recently applied in Steeby v. Discover Bank (November 2013)

Effective: 28 Aug 1997; (L. 1997 H.B. 257)

1. Notwithstanding any other provision of law to the contrary, attorneys' fees are permitted to enforce a credit agreement provided the enforcing attorney is a licensed member of the Missouri bar or is authorized to practice law in Missouri, and such fees meet one of the following requirements:

(1) Such fees are included in the written credit agreement, and are not otherwise prohibited by law; or

(2) Such fees do not exceed fifteen percent of the outstanding credit balance in default, provided such credit was extended by a for-profit business or credit union.

2. At the court's discretion, additional fees may be awarded to the attorney for the prevailing party.

3. For the purposes of this section, a "credit agreement" shall have the same meaning as provided in subsection 1 of section 432.045.

4. No provision of this section shall be construed to authorize or limit attorney's fees permitted parties and transactions not covered by this section.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.