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Mo. Rev. Stat. § 408.556

Actions arising from default, contents of petition — default judgment..

Known as the Missouri Retail Credit Sales Law

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

Applied in 1 court decision — leading case Ford Motor Credit Co. v. Hoskins (In Re Hoskins) (2001)

Most recently applied in Ford Motor Credit Co. v. Hoskins (In Re Hoskins) (August 2001)

Effective: 28 Aug 2002; (L. 1979 S.B. 305, A.L. 1983 S.B. 70, A.L. 2002 S.B. 895)

1. In any action brought by a lender against a borrower arising from default, the petition shall allege the facts of the borrower's default, facts sufficient to show compliance with the provisions of sections 400.9-601 to 400.9-629, which provisions are hereby deemed applicable to all credit transactions, with respect to any sale or other disposition of collateral for the credit transaction, the amount to which the lender is entitled, and an indication of how that amount was determined.

2. A default judgment may not be entered in the action in favor of the lender unless the petition is verified by the lender, or sworn testimony, by affidavit or otherwise, is adduced showing that the lender is entitled to the relief demanded.

3. If a lender takes possession or voluntarily accepts surrender of goods in which the lender has a purchase money security interest to secure a credit transaction in the principal amount of less than five hundred dollars, the borrower is not liable to the lender for the unpaid balance.

4. Following any disposition of collateral pursuant to the provisions of sections 400.9-601 to 400.9-629, the lender shall be entitled to recover from the borrower the deficiency, if any, only if the amount financed in the transaction was more than five hundred dollars and the amount remaining unpaid at the time of default is three hundred dollars or more.

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