Missouri Court of Appeals, Eastern District / Dec 28, 2021
J & M Securities, LLC, Appellant, vs. Nikki M. Kennedy, Respondent.
J&M Securities, as assignee of The Century Group, Inc., sued Nikki Kennedy to recover amounts owed under a residential lease agreement. Kennedy asserted a counterclaim for breach of warranty of habitability, failure to return a security deposit, and set-off. The circuit court found Kennedy owed J&M $813.00 but also found J&M owed Kennedy $1,005.00, resulting in a net judgment of $192.00 in favor of Kennedy. The appellate court reversed and remanded, holding that a money judgment cannot be entered against an assignee for an amount exceeding the assignee's claim, where the overpayment was made to the assignor.