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Debt and collection law in Missouri governs how individuals, businesses, and third-party agencies collect unpaid debts. These laws provide rights and protections for both creditors and debtors, setting guidelines for how debts can be collected, how disputes are resolved, and how legal actions are handled. The state follows federal regulations, such as the Fair Debt Collection Practices Act, but also imposes its own rules designed to prevent abusive, deceptive, or unfair collection practices.
If you face issues related to debt and collection in Missouri, consulting a lawyer can offer several advantages. Common situations where legal help may be necessary include being sued by a creditor, experiencing harassment from debt collectors, disputing the validity of a debt, negotiating settlements, bankruptcy proceedings, or facing wage garnishment or property liens. Lawyers can explain your rights, represent you in court, and help ensure collection agencies follow the law.
In Missouri, debt collection is regulated by both state and federal laws. Key local aspects include:
Most written contracts, including credit cards and loans, have a five-year statute of limitations in Missouri. Oral contracts are subject to a three-year limit.
Yes, but only after obtaining a judgment against you in court. The amount garnished is limited by both state and federal law.
If the statute of limitations has expired and you have not made any recent payments, a creditor cannot sue you to collect the debt. However, they may still try to collect voluntarily.
A debt collector may contact you at work unless you request in writing that they stop. If your employer prohibits these calls, notify the collector for them to stop.
Do not ignore the lawsuit. Attend all court hearings and consider contacting a lawyer immediately to discuss your options and possible defenses.
Send a written request asking the collector to stop contact. If harassment continues, you may have grounds to file a complaint or lawsuit under state or federal law.
Generally, Social Security and disability benefits are exempt from garnishment by creditors in Missouri, except for debts like federal taxes, child support, or federal student loans.
Yes, if you request verification in writing within 30 days of first being contacted, the collector must provide verification before continuing collection efforts.
Yes, bankruptcy can provide relief. Missouri residents must follow federal bankruptcy rules, and some state exemptions may protect certain property. Consult a bankruptcy attorney for details.
Certain assets are exempt, including a portion of home equity, specific personal property, retirement accounts, and some public benefits. Exemption laws are detailed and should be reviewed with a legal professional.
Here are some organizations and agencies that provide information and support related to debt and collection in Missouri:
If you need legal assistance regarding debt and collection issues in Missouri, start by gathering all relevant documents, including contracts, communication from collectors, and any court papers. Keep detailed notes of all interactions with collectors. Consider reaching out to legal aid organizations if you have limited income, or contact a private attorney specializing in consumer law. Be proactive in responding to lawsuits or collection notices and always confirm the legitimacy of any debt. Acting promptly can help protect your rights and identify the best solution for your situation.
