Missouri Debt Collection Laws: What Collectors Can and Can't Do

Missouri gave up writing its own debt collection rules. That leaves you with the federal Fair Debt Collection Practices Act (FDCPA) as your primary shield against collectors who call at midnight or threaten jail time. The FDCPA works, but only if you know what it covers.

Here's what matters: third-party collectors must follow strict rules. They can't lie, harass, or publicly shame you. If they break those rules, you can file complaints or sue. Missouri does have one state law—the Missouri Merchandising Practices Act (MMPA),that sometimes applies when debt involves goods or services. A 2007 Missouri Supreme Court ruling confirmed the MMPA can cover deceptive collection tactics tied to dental services, for example.

But most fights come down to the FDCPA. Know its boundaries, and you gain leverage.

What the FDCPA Prohibits

The FDCPA bans specific behavior. Collectors can't call you before 8 a.m. Or after 9 p.m. Unless you agree. They can't contact you at work if you tell them your employer forbids it. They can't call your relatives, neighbors, or coworkers to dig for information beyond your address or phone number.

Threats are off-limits. A collector can't claim they'll have you arrested, garnish wages without a court order, or seize property they have no legal right to take. They can't pretend to be lawyers, cops, or government agents. They can't lie about how much you owe or threaten to report false information to credit bureaus.

Harassment counts as a violation. That includes repeated calls meant to annoy you, using obscene language, or calling you names. If a collector contacts you through social media or email in a way that publicly reveals your debt, that's a violation too.

What Collectors Must Do

Within five days of first contacting you, a collector must send written notice listing the debt amount, the creditor's name, and your right to dispute the debt. If you dispute it in writing within 30 days, they must stop collection efforts until they verify the debt and mail you proof.

Once you send a written request to stop contact, they must honor it. They can only reach out again to confirm they're stopping or to notify you of specific legal action, like filing a lawsuit.

Who the FDCPA Covers (and Doesn't)

The FDCPA applies to third-party debt collectors,companies hired to collect debt they don't own. That includes collection agencies, debt buyers, and some law firms. If Chase Bank calls about your Chase credit card, that's the original creditor. The FDCPA doesn't cover them. If Chase hires Midland Credit Management to collect, Midland falls under FDCPA rules.

Missouri's Statute of Limitations on Debt

Missouri gives creditors and collectors a set window to sue you for unpaid debt. Miss that deadline, and they lose the right to take you to court. The clock starts ticking on the date of your last payment or the date you last acknowledged the debt in writing.

Here's how long collectors have to file a lawsuit in Missouri:

• Open accounts (credit cards): 5 years
• Written contracts (medical bills, personal loans): 10 years
• Contracts for sale of goods (store financing, vehicle purchases): 4 years
• Oral agreements: 5 years

Once the statute of limitations expires, the debt becomes "time-barred." A collector can still ask you to pay, but they can't sue you to force payment. If they try, you can raise the statute of limitations as a defense in court.

Be careful what you say when a collector calls about old debt. Making a payment or even acknowledging the debt in writing can restart the clock. Before you agree to anything, ask the collector to verify the debt in writing and check whether the statute of limitations has passed.

What to Do If a Collector Breaks the Law

You have options. Start by filing a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB enforces the FDCPA and can investigate collectors who violate it. If your issue involves a bank, mortgage broker, or lender, file a complaint with the Missouri Division of Finance as well.

You can also sue. For FDCPA violations, file in federal court. If you win, you can recover actual damages (financial harm the collector caused), plus up to $1,000 in statutory damages. The court can also order the collector to cover your attorney fees and court costs.

If the MMPA applies to your situation, sue in Missouri Circuit Court. You could recover actual damages, punitive damages to penalize the collector, and a court order stopping the behavior. You may also recover attorney fees and court costs.

Document everything. Save voicemails, emails, texts, and letters. Note the date, time, and content of every call. The more evidence you have, the stronger your case.

When Debt Becomes Unmanageable

If collectors are calling and you genuinely can't pay, bankruptcy might be worth considering. Chapter 7 wipes out most unsecured debt,credit cards, medical bills, personal loans,in about four months. Chapter 13 gives you a three-to-five-year repayment plan based on what you can actually afford.

Once you file, an automatic stay kicks in. Collectors must stop calling, suing, and garnishing wages. Most people who file Chapter 7 keep their home, car, and retirement accounts thanks to Missouri's bankruptcy exemptions.

Check if you qualify for Chapter 7. If your income is below Missouri's median for your household size, you likely do. If it's higher, you'll need to pass the means test, which compares your income to your allowed expenses.

The Bottom Line

Missouri doesn't regulate debt collectors at the state level, so the FDCPA is your main protection. Collectors can't harass you, lie, or ignore your rights. If they do, document it and file a complaint. If the debt is time-barred, they can't sue you. If the debt is overwhelming, bankruptcy can stop the calls and give you a fresh start.

This article is for educational purposes only and does not constitute financial or legal advice. Consult a licensed attorney or financial advisor for guidance on your specific situation.