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Missouri Collections Questions & Answers
1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
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answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
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answered on Mar 28, 2024

If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

If a credit card company is moving towards obtaining a default judgment against you, it typically means they've sued for unpaid debts and you haven't responded to the lawsuit. In such a scenario, your presence in court isn't necessary for the default judgment to be passed. However,... View More

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2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More

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2 Answers | Asked in Collections for Missouri on
Q: I have a $5,000 court judgment against a company in Howell County Mo. How do I collect?

Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 24, 2024

The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

2 Answers | Asked in Public Benefits and Collections for Missouri on
Q: Over the phone I was contacted by a Lawyers Group to offer me a Debt Hardship Program and all my debt would be in litiga

Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2024

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

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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 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: 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: 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: 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... 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 Collections for Missouri on
Q: I live in Missouri. I am in collections and the collector states their attorney is due 50% of the principal.

I was served to appear in court, however I believe Missouri has a limit on fair attorney fees at 15%. The attorney is charging 50% for filing the suit. Is this a FDCPA violation?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

You may be referring to Section 408.092, which limits attorney’s fees for enforcing credit agreements. There’s not a general 15% cap. Ultimately, if tiki lose the court will determine the amount of reasonable attorney’s fees.

1 Answer | Asked in Collections for Missouri on
Q: I've been served a garnishment without a judge or sheriff's deputy or going to court is it legal

Thus attorney signed his name and gave this unsigned legal document to my job for an car dept 17 years ago.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 9, 2024

Hire an attorney to take a look at the garnishment and court docket. Garnishments get issued through the court on request from a judgment creditor. I’ve never heard of an attorney trying to serve a fake garnishment on an employer. If that is true, you have legal remedies to assess.

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.

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