Rule 55.22.Pleading Written Instrument, Assignments and Attorney Fees.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended July 1, 2021 · Last verified July 22, 2026
Full Text of Rule 55.22
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973; Amended Jun. 28, 2017, eff. Jan. 1, 2018; December 18, 2017, eff. Jan. 1, 2018; December 22, 2020, eff. July 1, 2021.
Plain-English Summary
When a claim or defense is founded on a written instrument, the rule requires either reciting that instrument verbatim in the pleading or attaching a copy as an exhibit. The same treatment applies to an assigned claim: the assignment or other written document establishing the debt and its ownership must be recited verbatim or attached, though portions relating solely to other debtors — a common feature of debt-buyer portfolios — can be left out.
When attorney fees are being claimed on an assigned or sold debt, the legal basis for that fee claim also has to be recited verbatim or attached as an exhibit, with the same allowance to omit material relating only to other debtors.
Noncompliance carries a real consequence: a court may, on motion or on its own, dismiss the cause of action without prejudice for failing to follow these documentation requirements. The “without prejudice” framing means the case can typically be refiled once the missing documentation is supplied, but the claim doesn’t get to proceed in the meantime.
Frequently Asked Questions
Do I need to attach a contract to my petition in Missouri?
Yes, if the claim or defense is founded on a written instrument — recite it verbatim or attach a copy as an exhibit.
What must a debt-buyer plaintiff attach to a collection petition?
The assignment or other written documents establishing the debt and its ownership, recited verbatim or attached as exhibits.
Can I omit information about other debtors in an assignment exhibit?
Yes, Rule 55.22 allows omitting parts of the assignment or ownership documents that relate solely to other debtors.
What happens if I don’t attach the required documents?
The court may dismiss the cause of action without prejudice, on motion or on its own initiative.
Is dismissal for noncompliance with prejudice?
No, Rule 55.22(d) specifies dismissal without prejudice for failure to comply with the documentation requirements.