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

Terms Used In Missouri Laws 408.092

  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020

(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.