Missouri Collections Questions & Answers

Q: Sue the creditors/credit bureau

1 Answer | Asked in Consumer Law and Collections for Missouri on
Answered on Dec 10, 2018
Ronald J. Eisenberg's answer
Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.

Q: I am being sued by LVNV funding. I have no idea who they are or what it is for.

1 Answer | Asked in Collections for Missouri on
Answered on Nov 28, 2018
Ronald J. Eisenberg's answer
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 be able to negotiate a settlement. If you simply ignore the lawsuit, a default judgment will be entered against you and it may be for a greater sum that what you believe you owe, assuming you owe...

Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on
Answered on Oct 8, 2018
Ronald J. Eisenberg's answer
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 could look into whether there was an FDCPA violation, but in terms of pure contract law, you didn't form an agreement to settle with the debt collector. Of course you should show up at court and defend...

Q: Need help on how to collect on my small claims judgment.

1 Answer | Asked in Collections and Small Claims for Missouri on
Answered on Oct 7, 2018
Ronald J. Eisenberg's answer
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 collection attorney to work on a contingency basis.

Q: I'm being sued by a 3rd party collection agency over an online loan. I sent a request for discovery

1 Answer | Asked in Collections for Missouri on
Answered on Jul 5, 2018
Ronald J. Eisenberg's answer
File a motion to compel and set it for hearing.

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

1 Answer | Asked in Collections for Missouri on
Answered on May 27, 2018
Ronald J. Eisenberg's answer
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 sense to hire an attorney?

2. Whether to show up at court without having been served. On one hand, if you don’t get served, then a default shouldn’t be entered. The plaintiff will then...

Q: How much can a debtor garnish my wages in Springfield, Missouri?

1 Answer | Asked in Collections for Missouri on
Answered on Apr 14, 2018
Ronald J. Eisenberg's answer
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.

Q: I'm being sued by someone I sold a truck to for not providing engine paper work.... I already offered a full refund

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Missouri on
Answered on Apr 8, 2018
Ronald J. Eisenberg's answer
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.

Q: I sold a motorcycle on Craigslist for 2200.00 and was paid in fake money. What can I do? I'm in kansas.

1 Answer | Asked in Collections, Federal Crimes and Small Claims for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
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 collectible.

You could report the counterfeiting to local law enforcement.

Q: I am being sued for ""Breach of Contract" by a debt collector. I appeared at court for the trial, their lawyer did not.

1 Answer | Asked in Contracts and Collections for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
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.

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?

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
Yes. If you breach your agreement they can sue and probably will.

Q: I received a letter stating that the "Associate Circuit court has entered a judgment against you and that judgement is"

1 Answer | Asked in Consumer Law and Collections for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
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.

Q: Is a spouse liable for her husbands judgement if they were married after the judgement?

1 Answer | Asked in Collections and Family Law for Missouri on
Answered on Aug 25, 2016
Kristen Thurmond's answer
Generally, no, unless your funds were already mingled at the time of the judgment. Speak with an attorney who helps with bad debt collection calls or deals with the Fair Debt Collections Practice Act.

Q: Can as disability or pension be garnished from a law suit against me

1 Answer | Asked in Collections, Personal Injury and Social Security for Missouri on
Answered on Jul 1, 2016
Peter N. Munsing's answer
If it's a car accident your insurance would handle it. If it's something else it's worth your paying a laywer if needbe for a consultation. Normally people don't get sued if they have no money--it's the insurance people are looking for.

To answer your question, if it got that far, then they can't garnish them but once they are sitting in the bank in most states they can. But you really, really aren't doing yourself a favor by risking this because you "can't afford a lawyer." Most...

Q: I collected Unemployment in the state of Massachusetts in 2006-2007.

1 Answer | Asked in Collections, Employment Law, Public Benefits and Tax Law for Missouri on
Answered on Apr 28, 2016
Marshall Jason Ray's answer
You were caught in the Treasury Offset Program -- TOP. TOP has become one of the primary avenues for states to collect outstanding unemployment overpayments. Generally speaking, this program is legal, as long as the state agency using it follows the various requirements of federal law. Child support arrears are swept from tax refunds through TOP as well. Challenging a TOP sweep is very difficult to do because it typically only happens if the debt is established, final, and past the...

Q: What steps do I take if a company owes me money?

1 Answer | Asked in Collections for Missouri on
Answered on Sep 14, 2015
Robert Jason De Groot's answer
Well, I think you should look into whether you can get a constructin lien on the property. It might be too late on this particular job, but that might be an available thing to do in your state.

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