Missouri Court of Appeals, Eastern District / Jun 9, 2020
Capitol Financial Group, LLC, Assignee of Bank of America, N.A., Appellant, vs. David C. Bray, Respondent.
Capitol Financial Group, LLC, appealed the circuit court's denial of its motion to revive a default judgment against David C. Bray. The circuit court had found that Capitol Financial failed to rebut the presumption of payment and satisfaction under Section 516.350.1. The appellate court reversed, holding that under Rule 74.09, the judgment creditor's only burden is to timely file the motion, and Bray failed to assert a permissible defense. The case was remanded for revival of the default judgment.