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Missouri Collections Questions & Answers
1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

1 Answer | Asked in Collections for Missouri on
Q: I got a court summons for unpaid medical bill, I never received a final bill from them. What can I do?

Services were rendered March 2022. I received what I believed was my last bill in August 2022 and paid it in full.

The office stated over the phone that they never sent me a final bill (I owed $19.73) and now they say I owe them $1,680. Now I am being summoned to a court hearing.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Don't ignore the case or a default judgment will be entered against you. Either hire and attorney or show up at court. The plaintiff carries the burden of proving its case.

1 Answer | Asked in Collections for Missouri on
Q: What happens if I wasn't served for court?

I know I'm being sued by a collections agency because I received a letter for a lawyer wanting to represent me in court in the mail. I don't have the money for a lawyer right now, and still have not been formally served. Will they proceed with the case without me being served or will the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 29, 2023

The plaintiff needs to serve you in order for the court to acquire jurisdiction over you and enter a money judgment. If the first summons isn’t served, the plaintiff may request subsequent ones. Figure out a plan to deal with the case. You’ll probably be served eventually.

2 Answers | Asked in Collections for Missouri on
Q: I had a medical bill debt for $1200 and it was sent to collections. Can the hospital still sue me for the debt?

I was sent a summons that I never received because I did not live at the address on file. The AC suit is for $1200 but I already called the collections agency to set up payments. What do I do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 6, 2023

Show up at court and speak to the attorney.

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1 Answer | Asked in Collections for Missouri on
Q: My last apartment complex sent me to collections without contacting me in any way. What should I do?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 12, 2023

Consult with an attorney if you can afford to do so. Relevant considerations are the amount sought, whether you owe it, and whether if you don't settle the landlord will sue you.

1 Answer | Asked in Collections for Missouri on
Q: Can a debtor in Missouri refile a garnishment if the courts terminated the order for failure to file a statement

A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 11, 2023

Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.

1 Answer | Asked in Family Law and Collections for Missouri on
Q: I'm a liable for unpaid medical bills, student loan, and really any debt from my spouse that she accrued before marriage

We are not married yet. Just inquiring to see if it will affect my credit or if creditors will come after me for any of her debt prior to out union.

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

Probably not but it may require pre-marriage planning and documents. Consult with attorneys who do pre-nuptial agreements.

1 Answer | Asked in Civil Litigation and Collections for Missouri on
Q: I was just contacted by a company that said their name was United Firm and that they were mediation company in St. Louis

They said that a company called cash net was going to sue me for breach of contract for a loan from April 12, 2012. And that I was going to be sent a summons to go to court. What is the statue limitations for something like this? Is this company a scam?

I checked casenet , there is nothing.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

Either it is a scam or you have already been sued and United Firm saw the information on the public docket and therefore mailed you a letter. I wouldn't recommend dealing with any random mediation company at this point. An attorney would need to assess the situation, but the statute of... View More

1 Answer | Asked in Collections for Missouri on
Q: If I decide to negotiate a settlement for a debt prior to a scheduled hearing, what's the process?

Is there a benefit to getting an attorney vs. contacting the plaintiff's lawyer myself?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 9, 2023

If you hire an attorney experienced with debt settlement negotiations, you’ll increase your chance of not having a judgment, including a consent judgment entered against. If a payment plan is necessary, an attorney could negotiate a Rule 17 order and a “pocket” judgment.

2 Answers | Asked in Collections for Missouri on
Q: I have an upcoming hearing for Order to Show Cause Why Judgment Should Not Be Revived for a credit card debt.

My sole income is pension and Social Security. At age 65, that's not going to change. Will a judge dismiss the order based on that?

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

No, not based on that reason. You need to attack the reasoning of the motion.

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1 Answer | Asked in Collections for Missouri on
Q: Being sued for credit card debt. Can not pay. senior citizen on fixed income and dementia what are options
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

The options are

1. Meet with a bankruptcy attorney

2. Defend the lawsuit on the merits

3. Try to negotiate a settlement with a payment plan

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: If my medical debt was "sold" to a collection agency, that agency never sent me a letter

My medical debt was "sold" to a collection agency (the hospital owns the collection agency). I have never rec'd a bill from this collection agency but all of the sudden we rec'v a letter from a lawyer. Do they not have to notify you by mail of the debt? What do you do in this case?

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2023

They are not required to notify you before having an attorney contact you.

You can contest the debt or negotiate a payment.

1 Answer | Asked in Consumer Law, Contracts and Collections for Missouri on
Q: Is there a way to respond to an alias summons? I just got served papers today for a court date that is 10 days away.

The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2023

Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.

1 Answer | Asked in Collections for Missouri on
Q: I have 4 personal loans that I have current but I'm not going to be able to pay 3 of them it's either eat or pay them.

The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 19, 2023

If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.

1 Answer | Asked in Collections for Missouri on
Q: What is a creditors rights and what is mine n court.I am being sued I live in Perryville Missouri
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued from a debt and collection agency please do you know if I’m between jobs but the job I had paid alot??

What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.

If you don't show up at court a default judgment will be entered against you. If you are served, either show...
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1 Answer | Asked in Collections for Missouri on
Q: How long are judgements good for?

In 2013, I got a judgement against me for a $900 credit card with an accuring interest and court costs. At the time, I was making $4.00 hr as a server, a single mom of 2 and going to college. I tried telling the attorney I could only pay $25 a month. He insisted on $50. Shortly after the judgement... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Missouri judgments last for 10 years unless revived sooner or there is a payment reflected on the record I’m not sure if your two payments are shown on the record. If so, that automatically resets the clock. A small claims judgment is not a lien on real estate but the title company still... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Land Use & Zoning for Missouri on
Q: Okay we bought a pool through Blue world pools pretty much got scammed lien on home how can we get out of this ?

We live in Missouri and we want to know how can we get the lien off of our property the blue world pool is removable they can come get it we just want out of all of it they're ripping us off

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

You will need to retain an attorney to determine whether you can get out of your contract.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Collections for Missouri on
Q: I am being sued by a debt collector. Can I respond in writing before court or do I respond in person at court?

I thought the original creditor dismissed this account as a hardship. I was surprised when a debt collector tried to collect on it, and now a different debt collector has bought the account and is suing to collect.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 8, 2022

If the case is in the associate division then your mere appearance at court constitutes a general denial of the allegations. If you wish to assert affirmative defenses, you must plead them in writing.

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