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Missouri Collections Questions & Answers
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... Read 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: 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...
Read more »

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: 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... Read 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... Read 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.... Read 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.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: The hospital bill I've been paying an agreed apon amount needs to double or its going to collections according to them.!

They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 18, 2022

It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... Read more »

3 Answers | Asked in Bankruptcy, Collections and Small Claims for Missouri on
Q: Can a small claims garnishment put a levy on all bank account of a head of household with three small children

Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.

Timothy Denison
Timothy Denison
answered on Aug 21, 2021

Yes.

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1 Answer | Asked in Collections for Missouri on
Q: What all do you need to do on a discovery as a defendant?

Currently a defendant for civil case for debt collection. I answered the questions. Do I need to have a cover letter for this report? Do I need to sign it or notarize it. The plaintiff did not leave spots for signature or to be notarize

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 16, 2021

Answers to interrogatories should be notarized in Missouri. No cover letter is necessary. You should also file and serve a certificate of service. It's not required that the plaintiff provide the notarization page but you could request one.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued in mo. for medical bill that was not submitted to my insurance and bill was sent to ex wife nov 2019

I had a heart attack and was sent to another hospital with a cardiologist on staff. I cant recall being asked at ER for medical card and a person in billing said i was listed as self pay, even though i had the same insurance in 2012 visit. The hospital said I should have sent change of address... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 12, 2021

If enough money is at stake and you can afford an attorney, I recommend you hire one to defend the case or to try to negotiate a settlement.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Fax: (636) 537-2599

1 Answer | Asked in Collections for Missouri on
Q: I sent money to someone thru Cashapp. We had a falling out. He won't give me my money back. Can I sue him?

I've tried to get my money or my shoes, he won't give me anything. Cashapp can't do anything because you have to dispute the transaction no more than 60 days after it's been completed. Do I have a case here? Can I sue him in small claims court to get my money back. Him and his... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2021

You “have a case” if you sue and a case number is assigned. You state that you sent him money but don’t indicate if it was a gift or a loan. Unless it was a loan, then you’ll likely lose. Hopefully you at least have emails or text messages clearly showing that it was a loan.

In...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: Can I be sued from a law firm over a medical bill?

I am making payments to a collection agency for the same medical bill I am threatened to be sued for. Months before I received this letter from the law firm.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2021

I would think you can indeed be sued by the party to whom you owe money. If you had agreed to a payment plan and have been honoring it 100% then I’d find it odd that your medical provider would pay an attorney either hourly or on a contingency basis to sue you. Have an attorney familiar with... Read more »

1 Answer | Asked in Collections for Missouri on
Q: Can an entity sue me for medical debt if I'm not the guarantor?

I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 20, 2020

The legal theory under which you could be held liable is the "doctrine of necessaries."

Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire....
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1 Answer | Asked in Collections for Missouri on
Q: What are my options for a hospital bill law suit
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 18, 2020

Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.

Which option makes most sense will...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: How long after not hearing anything from an attorney can I assume that a lawsuit wasn’t filed?

On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?

Edit: there aren’t any cases filed against me on... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 22, 2020

Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do

1 Answer | Asked in Collections for Missouri on
Q: I have been sued by a debt collection agency for less than $2000. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 15, 2020

You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.

1 Answer | Asked in Health Care Law, Consumer Law and Collections for Missouri on
Q: What is the statute of limitations for when a hospital presents a bill for services rendered which must be paid?

The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 21, 2020

You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.

What actions within five years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those...
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1 Answer | Asked in Banking and Collections for Missouri on
Q: Company like ebay but specialized in my field owes Money for goods sold through their service. Payment plan a good idea?

Just dont want to agree to payments and then find out that by accepting an initial small payment that im accepting that as a resolution

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2020

If enough money is at issue you'd be well served to hire an attorney to prepare a written document the clearly specifies the agreeed upon repayment terms and protects your interests.

In general, if it costs you less to achieve a payment plan and it gets paid, as opposed to the costs...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: Do I have to appear in court for a citation on examination of judgement debtor in the state of Missouri?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 14, 2020

If you have been served yes. If you fail to appear the plaintiff may request a body attachment. In other words, you could get locked up.

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