If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!

Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?

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Missouri Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Missouri's Statutes Of Limitations. Missouri phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Missouri Fair Debt Collection Consumer Practices Guide summarizes Missouri's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Missouri Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Missouri’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Missouri Debt Exemption Law!

Missouri Statutes

The State of Missouri has opted out of federal bankruptcy exemption except as to exemptions provided by § 522(d)(lO) of the bankruptcy Act, Missouri Statutes§§ 222.20 and .201.

Wages: Missouri Annotated Statutes § 525.030.

Homestead: Missouri Annotated Statutes §§ 513.430(6), .475, and .510.

Tangible personal property: Missouri Annotated Statutes §§ 513.430 and .440.

Benefits, retirement plans, insurance, judgments, and other intangibles: Missouri Annotated Statutes §§ 513.430 and .440.

Missouri Debt Statutes of Limitation

Your debt may have expired under Missouri’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Missouri Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Missouri Debt Statutes of Limitation

Written agreement that contemplates the payment of money or property: 10 Years, (Missouri Revised Statute §5l6.ll 0). NOTE: Under certain circumstances, the contractual statute of limitations may be reduced to five years.

Open accounts: 5 years, (Mo. Rev. Stat. §5l6.l20).

Sale of goods under the UCC: 4 years. NOTE: The statute begins to run from the date when the breach occurred for contracts and from the time of the last item in the account on the debtor's side for actions on accounts.

Missouri Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Missouri’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Missouri law.

Missouri Wage Garnishment Procedural Requirements

The party in whose favor any judgment or decree is rendered, may have an execution in conformity therewith. Mo. Ann. Statute. _ 513.015. When a fieri facias shall be issued and placed in the hands of an officer for collection, it shall be the duty of the officer, when directed by the plaintiff to summon garnishees. Mo. Ann. Statute. _525.020. Mo. R. Civil. P. 90.03.

Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer for collection in the corporation's county of primary business. If such designated person is not available or if such designation is not filed, then such notice may be served upon the president, secretary, treasurer, cashier or other chief or managing officer. Mo. Ann. Statute. _ 525.050.

Notice of garnishment shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other chooses in action of the defendant in the garnishee's possession or charge, or under his control at the time of the service of the garnishment, or which may come into his possession or charge, or under his control or be owing by him, between that time and the time of filing his answer. Mo. Ann. Statute. _ 525.040. Mo. R. Civil. P. 90.06.

Prior to the issuance of the summons of garnishment, the garnisher shall file written interrogatories asking the garnishee to Statutee the property subject to garnishment in the possession, charge or control of the garnishee. The interrogatories shall be served simultaneously with the summons of garnishment. Mo. R. Civil. P. 90.13.

If by answer, not excepted or denied, it appears that the garnishee has property subject to garnishment, the court shall allow the garnishee a reasonable amount for the trouble and expense of answering, including attorney's fees, to be paid out of the funds or proceeds of the property subject to garnishment. If a garnisher does not recover judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnisher. Mo. R. Civil. P. 90.18. Mo. Ann. Statute. __ 525.230, 240. [1]

Note: The notice of garnishment shall contain the social security number, when available, of the judgment debtor. Mo. Ann. Statute. _ 525.233.

Interest Rate at which Judgments Accrue Interest shall be allowed on all money due upon any judgment or order of any court from the day of rendering the same until satisfaction be made by payment, accord or sale of property; all such judgments and orders for money upon contracts bearing more than nine percent interest shall bear the same interest borne by such contracts, and all other judgments and orders shall bear nine percent per annum. In tort actions, if a claimant has made a demand for payment of a claim or an offer of settlement of a claim, to the parties and the amount of the judgment or order exceeds the demand or offer, prejudgment interest shall be calculated from a date sixty days after the demand or offer or from the date the demand or offer was rejected without counter offer, whichever is earlier. Mo. Ann. Statute. _ 408.040.

Applicable Forms Interrogatories to Garnishee, Mo. R. Civil. P., Form 13. 1 The court shall make the garnishee a reasonable allowance for his trouble and expenses in answering the interrogatories, to be paid out of the funds or proceeds of the property or effects confessed in his hands. The court also show allow the garnishee in addition to the reasonable allowance, to claim a fee consisting of the greater of eight dollars or two percent of the amount required to be deducted by any court ordered garnishment for the trouble and expenses in administering the notice of garnishment. Mo. Ann. Statute. _ 525.230.

Missouri (Debt Collector) Call Recording Law

Under Missouri State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Missouri is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Missouri.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.


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