Q: Can fees be raised without notice in a debt collection lawsuit for eviction?
I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an additional $100, although I never received documentation about this change. Furthermore, I was told that another $500 lawyer fee will be added soon. Despite my attempts, I have not received any response to my queries. As my financial situation is strained, I'm concerned about losing my income support if these issues aren't resolved. Can they legally change the amount owed without notice, and what can I do to address this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Missouri, if you are involved in a debt collection lawsuit for eviction, the amount owed should generally be clear and documented. If you paid the specified fees, but later the balance increased without receiving proper notice or documentation, that could be a violation of your rights. The law requires that any changes to the amount owed, especially for additional fees, must be clearly communicated to you with proper documentation.
The landlord or the collection agency must provide a breakdown of any additional charges or fees, including lawyer fees. If you have not received this documentation, they may not legally add those fees to your balance without informing you in writing. You are entitled to request a detailed statement of your balance, including any new charges, to ensure transparency and fairness.
To address this situation, continue documenting all your communications with the office managing the case. You may want to contact a legal aid organization for assistance or consider filing a formal complaint with the court overseeing your case. If the issue persists, you may need to raise these concerns in court to ensure that any fees added are legitimate and properly communicated.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
