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Missouri Collections Questions & Answers
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...
Read more »

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...
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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.

1 Answer | Asked in Collections for Missouri on
Q: Husband has not been served for a credit card debt. Does he have to attend court if he was never served?

We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: My Mother in-law is 80 on social security can;t afford new car any longer if let car go back can they garnish her check?

She just bought it 3 or 4 months ago,and still makes house payments.

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

If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.

1 Answer | Asked in Collections and Landlord - Tenant for Missouri on
Q: I am being charged for the smell of smoke in my old apt, I do not smoke, nor was anyone in my apt that smoked what

(Con’t)...are my options in fighting this as I dont want it to go to collections

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 28, 2020

Your options include

1. Paying your landlord or not opposing deduction of the money from your security deposit

2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting

3. Filing suit to seek the refund of your security...
Read more »

2 Answers | Asked in Estate Planning, Collections, Identity Theft and Internet Law for Missouri on
Q: Is it legal for a lawyer to ask for a SSN online through an email address?

My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »

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

Two things.

1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment...
Read more »

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2 Answers | Asked in Collections for Missouri on
Q: HAD A DORMANT JUDGEMENT DATED 2012, RECEIVED GARNISH THIS WEEK, HASNT TIME TO COLLECT RAN OUT?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2020

I judgment from. Missouri state court lasts 10 years from entry. A payment on the record in the interim automatically revives it as well.

You didn’t provide enough information for me to opine on whether the garnishment was issued on an expired judgment. If so, consult with an attorney...
Read more »

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1 Answer | Asked in Contracts and Collections for Missouri on
Q: Within a promissory note in the state of Missouri, are they able to make it non-disclosure that I cant share with anyone

Non - disclosure meaning I cant share it even with my close family members let alone attorneys?

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

I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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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... 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)....
Read more »

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...
Read more »

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...
Read more »

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...
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