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Missouri Collections Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Collections for Missouri on
Q: As head of household if I have 2 garnishments what is the total max % that can be deducted for both?

Neither are CS, taxes or student loans

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 4, 2019

10 percent total. The garnishment that was served first is the one that gets paid.

I hope this answer helps.

1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna be in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

Read the guide I wrote on how to set aside a default judgment.

https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html

Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA)....
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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: How can you look at the docket for me?

How can you see the docket or what information do you need? I’m just curious as the hearing that’s coming up about this. I understand that me not working it won’t go away but they haven’t made any attempt to serve my ex at all.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2019

You should be able to go to your local circuit court and obtain a copy of all documents that have been filed in the case.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: Well my next question on that is there is another hearing schedule so what could this hearing be about?

I don’t work and can’t work and showed proof to the lawyers via email like they asked so if I can’t work and they won’t serve my ex husband what happened at that point

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 24, 2019

Without seeing the docket entry, there's no way for me to answer that question other than to guess that maybe they only got one fo the two of you served and the next hearing is on a motion to review but as to the other one of you.

Whether you do or don't have money to to pay the judgment is...
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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: I have a question about a judgement my ex husband and I got

What does this mean? REVIVAL OF JUDGMENT CALLED, HEARD AND SUSTAINED. THEREFORE, THIS COURT HEREBY REVIVES THE ORIGINAL JUDGMENT HEREIN WITH COSTS TO BE PAID BY DEFENDANT. FOR ADDITIONAL TEN YEARS, AS PROVIDED BY LAW

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 24, 2019

Missouri state court judgments expire 10 years after the latter of entry of judgment or a payment on the record towards the judgment, such as a garnishment payment received.

The docket entry you quoted suggests that the plaintiff file a motion for revival of judgment, had a hearing, and got...
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1 Answer | Asked in Contracts and Collections for Missouri on
Q: If a Judgment is issued in Missouri can a garnishment be made in Kansas?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 18, 2019

Since you asked this question twice, I will give you the same answer as I did before:

"Generally, yes, because of the Full Faith and Credit Clause of the Constitution of the United States--which requires all states in the union honor the judgments of all other states. However, as noted in...
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2 Answers | Asked in Contracts and Collections for Missouri on
Q: Can a lawyer in MO garnish someone in Kansas?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 18, 2019

It depends. Was the judgment issued through a Missouri court or a Kansas court? If it was a Kansas judgment, was the Missouri attorney counsel of record in the case? If it was a Kansas judgment, has it been registered here in Missouri? If it was a Missouri judgment, then a garnishment may be... Read more »

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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: Sue the creditors/credit bureau

I pulled my credit and noticed it is alot of inaccuracies that are being report on it. I have tried to contact the bureaus directly and they just send correspondence back stating the information has been updated with no proof. How can I get this information deleted off my credit? I have alot of... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 10, 2018

Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued by LVNV funding. I have no idea who they are or what it is for.

I do not see them on my credit reports. What do I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 28, 2018

That company is a debt buyer. It likely purchased the right to sue you by paying pennies on the dollar on the debt. Contact a local consumer attorney. Any Missouri attorney can log on to casenet and review the documents filed in the case. You might have a good defense to the suit or you might... Read more »

1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on
Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 8, 2018

You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You...
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1 Answer | Asked in Collections and Small Claims for Missouri on
Q: Need help on how to collect on my small claims judgment.

A month ago I had taken my ex roommate to court. I won my case in small claim court. I have tried to contact the defendant to arrange payments, but he refuses to pay/contact me back. I have been told that I can set up garnishments for where ever he might work. The problem is I can not find out... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2018

Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a... Read more »

1 Answer | Asked in Collections for Missouri on
Q: I'm being sued by a 3rd party collection agency over an online loan. I sent a request for discovery

And haven't received an answer. Court date is July 12. What can I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 5, 2018

File a motion to compel and set it for hearing.

1 Answer | Asked in Collections for Missouri on
Q: I've found out I'm being sued by Capital one bank.. The pretrial conference is 2 weeks away but i haven't been served

What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 27, 2018

It would be irresponsible for someone on Justia to tell you what you should do, because we don’t know all of the facts and an attorney shouldn’t advise a non-client. Here are factors you may consider in deciding what to do.

1. How much money is at stake and does it make financial...
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1 Answer | Asked in Collections for Missouri on
Q: How much can a debtor garnish my wages in Springfield, Missouri?

I was sent a wage garnishment paper in the mail about unpaid bank loans. Now they are wanting to garnish my wages, how much legally can they take out or away from my check each paycheck?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2018

The statutes are complicated and confusing but in short, the lesser of 25% of your take home pay or 10% if you are head of a family and make sure your employer knows it.

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Missouri on
Q: I'm being sued by someone I sold a truck to for not providing engine paper work.... I already offered a full refund

And he declined and still sued me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 8, 2018

Make sure you show up to defend the case. Confer with a attorney. I don’t know the cause of action over which you are being sued. If it’s the Merchandising Practices Act the court has discretion to award reasonable attorneys’ fees to the prevailing party. Take this seriously.

1 Answer | Asked in Collections, Federal Crimes and Small Claims for Missouri on
Q: I sold a motorcycle on Craigslist for 2200.00 and was paid in fake money. What can I do? I'm in kansas.

I'm in Kansas the buyer was from Missouri and transaction was done in Missouri if that makes a difference.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

Your challenges are the following: 1. Identifying and locating the buyer. 2. Getting a judgment against the buyer. 3. Collecting the judgment.

Without knowing more facts, it is tough to decide what options make sense for you. It's probably only worth suing if the the judgment is...
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1 Answer | Asked in Contracts and Collections for Missouri on
Q: I am being sued for ""Breach of Contract" by a debt collector. I appeared at court for the trial, their lawyer did not.

When i check the online court docket entries it says "PLAINTIFF BY ATTORNEY CRESON, DEFENDANT APPEARS NOT. CASE RESET" My question is, what does "Defendant Appears Not", mean? I know they reschedule the case, but when i read that statement it reads like they showed up and i didn't. Which was the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

Defendant appears not means that the court has no record of your having showed up at court. So long as a default judgment was not entered against you, I don't think the docketing mistake matters.

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Missouri on
Q: I owe $7000 in medical debt. We agreed to a 3 year payment, $208 a month. If I only pay them $10 a month, can they sue?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

Yes. If you breach your agreement they can sue and probably will.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: I received a letter stating that the "Associate Circuit court has entered a judgment against you and that judgement is"

"now final. We would certainly like to cooperate with you. The sooner you contact us, the sooner we can try to help you take care of this debt." I had no notice to come to court- will my wages get garnished or bank account be frozen? I owe $224 and I live in St. Louis.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

In order for a money judgment to have been entered against you the plaintiff must have gotten you served. Go to the court and ask to view the return of service. It could be that a family member of yours over age 15 was served and that service was therefore valid.

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