It may be a surprise to many that of all the financial products or services in existence, debt collection results in the most consumer complaints. This is how blatant the abusive acts of collection agencies can be.
Collection agencies are even said to have surpassed banks and insurance companies for conducting immoral, corrupt and unscrupulous acts. The Fair Debt Collection Practices Act (FDCPA) of 1977 prohibits these practices.
FDCPA in Missouri
It is common for different local governments in the U.S. to legislate other supporting collection laws in support of the FDCPA. However, Missouri does not have these kinds of supplementary laws.
Nevertheless, the state implements the 1977 federal law to its fullest extent throughout the state. This means that debt collectors in Missouri should not violate the law by engaging in acts that include, among others, the following:
- Deceptive and false acts like pretending to be a lawyer;
- Intrusive techniques like calling at unusual times and places;
- Abusive conduct like threatening debtors with harm or violence; and,
- Misleading and unfair practices such as threats of a lawsuit or increased debt.
Missouri imposes its own statute of limitations for debts. Consumer debts in the state have a 5-year statute of limitations, and this statute includes credit card debts, promissory notes, and written and orally contracted debts.
A creditor or debtor will no longer threaten you with a lawsuit if your debt goes beyond its statute of limitations from the time you defaulted payment. A Missouri FDCPA attorney can easily help you in determining if your debt has already surpassed its statute of limitations.
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A Missouri FDCPA Attorney Can Assist You
There are many “one-party consent” states in America, and Missouri is one of them. This is an advantage for consumers who have been hassled by collection agencies with incessant calls.
With this rule, the debtor can record his phone conversation with the collector without the need to get permission from the other party. The conversation that contains evidence against the collector may be used by your Missouri FDCPA attorney to increase the chance of success of your claim.
In a Missouri FDCPA case, Schuller v. AllianceOne Receivables, Management, Inc., this is exactly what the plaintiff used in the case filed against the defendant debt collector. Two phone conversations became the basis for the complaint by which the court will rule.
If you come across similar problems with collection agencies, you should not allow them to push you around. Seek help from an FDCPA attorney in Missouri and make collectors get what is coming to them for their abusive acts.
All Missouri residents, whether they are living in St. Louis or Innsbrook, are provided with rights by the FDCPA. If you believe that a debt collector has violated your rights, you need to learn what you need to file a claim, get the services of a Missouri FDCPA attorney, and file a claim for damages.
Get a Free Evaluation
To help you review your situation, you may seek a free evaluation now. You should provide the context of your circumstances, and your case will be appropriately assessed. If you are likely to win a claim against a debt collector, a Missouri FDCPA attorney can be connected to you.