Debt Collector Harassment in Missouri
Debt Collector Harassment in Missouri
The State of Missouri does not have its debt collection laws. Instead, it has fully adopted the federal laws contained in the Fair Debt Collection Practices Act. Some of the prohibitions for debt collectors include:
- Calling before 8 am or after 9 pm
- Contacting you directly if you have an attorney
- Contacting you after you request (in writing) for them to stop
- Threats of violence, arrest, or seizure of property
- Misrepresentation of their identity or the amount of the debt
Misrepresentations
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Missouri debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney who understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Missouri , such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
The Better Business Bureau lists more than 300 debt collection agencies in Missouri. Some of these include National Credit Management, Credit Control, and Partners Financial Services. Some of these listings include a rating, as well as contact information. It’s generally a good idea to do some research on the agency that contacts you, to make sure it is not a scam.
What Should You Do If You’ve Been Harassed By a Debt Collector In Missouri?
Step 1: Know Your Rights
Step 2: Collect Records
If you’ve been harassed in Missouri by a debt collector, it’s important to gather evidence. Missouri Legal Services provides some advice for documenting violations by a debt collector. They also provide a sample cease and desist letter that you can send to stop the calls. Be sure to keep copies of all written correspondence.
In addition, you should send any letters by certified mail, with a return receipt. Document phone calls by keeping a log of the date, time, person who called, and a summary of the conversation. You might also consider recording the calls since Missouri only requires one party’s consent to record. However, you would need to verify the state that the caller is in, since some states require the consent of both parties.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Missouri debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If debt collectors in are bombarding you with harassing calls, it’s crucial to request debt verification. This process not only reveals whether they’re misrepresenting your debt but also legally halts their contact until they provide the requested information. The verification should include the debt amount and the creditor’s name. Remember, you have 30 days to dispute the debt’s validity. Failing to act within this timeframe allows the creditor to assume the debt is legitimate.
Step 5: Contact an Attorney
Step 6: Present Your Case
By hiring an experienced Missouri debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
You may have several options for where to bring your lawsuit against a debt collector. Your best bet is to consult with a Missouri attorney about the best court for your case. Possible options could be the U.S. District Court or the Circuit Court for your county. Be aware that you only have one year from the date of the illegal debt collection to file your case. In addition, winning your case does not necessarily mean you won’t have to pay the original debt.
Work With an Experienced Missouri Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Missouri, it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across Missouri state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
If you still have some urgent questions about your situation, take a look at another area of Missouri law.
