Missouri Debt Collection Laws: Know Your Rights

Missouri residents face debt collectors with strong federal protections in place. The Fair Debt Collection Practices Act (FDCPA) shields you from harassment and unfair tactics. You need to understand your rights under these laws.

In Missouri, the statute of limitations for open accounts is five years. For written contracts, you get 10 years of protection. Medical bills typically fall under the written contract category.

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What Are the Debt Collection Laws in Missouri?

Missouri doesn’t have comprehensive state-specific debt collection laws. Your primary defense comes from federal law. The FDCPA protects you against abusive debt collector behavior.

The Missouri Merchandising Practices Act (MMPA) applies to certain cases. Deceptive practices related to goods and services fall under MMPA coverage. A Missouri Supreme Court case involving dental service debt collection used the MMPA.

The FDCPA remains your strongest protection. You should know your rights under this federal law.

How Does the FDCPA Protect Missouri Consumers?

The FDCPA shields you from abusive and deceptive practices. Third-party debt collectors must follow strict rules.

Debt collectors must follow these obligations:

Send you written notice within five days of first contact
Verify the debt if you dispute it in writing
Stop contacting you if you request it in writing
Identify themselves and their purpose when they call

The law prohibits these practices:

Calling before 8 a.m. or after 9 p.m.
Contacting you at work if you tell them not to
Using threatening, abusive, or harassing language
Falsely claiming to be law enforcement or attorneys
Threatening arrest or legal action they can’t take
Discussing your debt with others without permission
Adding unauthorized fees or interest charges

What Can You Do if a Debt Collector Breaks the Law?

You have options when debt collectors violate state or federal laws. You can file complaints or sue for damages.

File FDCPA violations with the Consumer Financial Protection Bureau online. The CFPB enforces federal debt collection laws. They punish companies that break the rules.

Issues involving banks or mortgage brokers go to the Missouri Division of Finance. You can file complaints locally through their system.

You can sue companies that violate the FDCPA or MMPA. Federal court handles FDCPA lawsuits. Winners receive actual damages plus up to $1,000 in statutory damages.

MMPA cases go to Missouri Circuit Court. Successful plaintiffs receive actual damages, punitive damages, equitable relief, and attorney fees.

What Is the Statute of Limitations for Debt Collection?

Missouri’s statutes of limitations vary by debt type. Different contracts have different time limits.

Oral contracts and open accounts (credit cards): Five years
Written contracts (medical bills): 10 years
Contracts of sale: Four years

Be careful when collectors contact you about old debts. Verify the debt before taking any action. Even small payments can restart the statute of limitations clock.

Ask about the statute of limitations before making payments. Read more at What To Do if You’re Contacted About an Old Debt.

What Can Debt Collectors Do in Missouri?

Debt collectors must follow FDCPA regulations in Missouri. They can still pursue collection activities. Phone calls, letters, and legal action remain available options.

Take action when you receive a debt lawsuit notice. Ignoring lawsuits leads to serious consequences. You risk wage garnishment, bank levies, or property liens.

Wage garnishment takes money directly from your paycheck. Missouri limits garnishment to 25% of disposable earnings. Collectors need a court order first.

Getting sued feels overwhelming. Our partner Solo can help you file an answer quickly for a small fee. They’ve helped hundreds of thousands respond successfully to debt collection lawsuits. You get a money-back guarantee.

Car repossession is another risk if you miss payments. Missouri creditors must send a notice of default first. They can repossess without a court order. Learn more about Missouri repossession laws.

How Do You Know if a Debt Collector Is Legit?

Missouri requires licenses for many debt collectors and lenders. Payday lenders, car title companies, and installment lenders need state licenses. The Missouri Division of Finance regulates these businesses.

Verify a collector’s license through the Missouri Division of Finance. They accept complaints about illegal or abusive tactics.

Not every debt collector needs a state license. Checking licensing status helps you spot red flags.

Need Help With Debt Relief?

You have several options to manage or eliminate debt. You’re not alone in this challenge.

Consumer credit counseling offers a free starting point. Credit counselors provide personalized advice on debt management plans. They help you understand your options better. Our partner Cambridge Credit Counseling can create a customized plan to reduce your payments.

Bankruptcy might be the right solution for overwhelming debt. Speak with a bankruptcy attorney for free to explore Chapter 7 or Chapter 13 options.

Free and Low-Cost Legal Help in Missouri

Free legal aid organizations help low-income individuals in Missouri. You can get assistance with debt lawsuits, bankruptcy, and consumer issues.

Here are statewide and regional programs:

Legal Services of Eastern Missouri (St. Louis area): Handles housing, debt collection, and civil legal issues
Legal Aid of Western Missouri (Kansas City area): Offers bankruptcy and debt collection defense
Legal Services of Southern Missouri (Springfield area): Handles consumer law and housing issues
Mid-Missouri Legal Services (Columbia and Jefferson City): Provides help with debt, housing, and family issues

Frequently Asked Questions

What is the statute of limitations for credit card debt in Missouri?

Credit card debt falls under open accounts in Missouri, which have a five-year statute of limitations. After five years from the last payment or charge, collectors cannot sue you for the debt. Be careful about making payments on old debts, as this can restart the clock.

How do I stop debt collectors from calling me in Missouri?

Send a written request telling the debt collector to stop contacting you. Under the FDCPA, they must stop all communication except to confirm they received your request or notify you of specific legal action. Keep copies of all correspondence for your records.

Can debt collectors garnish my wages in Missouri?

Yes, but only after winning a lawsuit against you. Missouri limits wage garnishment to 25% of your disposable earnings or the amount by which your weekly wages exceed 30 times the federal minimum wage, whichever is less. They cannot garnish Social Security or certain other protected income.

What should I do if I'm sued for debt in Missouri?

Respond to the lawsuit within the deadline shown on your summons, typically 30 days. File an answer with the court denying or admitting each claim. You can use our partner Solo to file your answer quickly for a small fee, or contact free legal aid if you qualify.

Can I eliminate debt through bankruptcy in Missouri?

Yes, Chapter 7 bankruptcy can eliminate most unsecured debts like credit cards and medical bills in three to four months. Chapter 13 creates a three-to-five-year payment plan based on your income. Speak with a bankruptcy attorney for free to see which option fits your situation.

Missouri Debt Collection Laws: Your Rights and Protections