Legal Question in Credit and Debt Law in Missouri

Collection question

I am getting calls from a collection agency. I am willing to pay the bill. My wife, without my permission called the collection agency and they talked to her about the account. Her name is NOT on the account. I din't think they were supposed to do that. They have also said they don't want a Money order or cashiers check they want to withdraw the money directly from my checking account. Do I need to let them do that. I am NOT comfortable giving someone that information.


Asked on 1/04/05, 7:50 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Collection question

This is a highly technical violation of the Fair Debt Collection Practices Act if, in fact, this is a collection agency and not the creditor doing the contacting. The collector should not have discussed the matter with your wife. Although you have grounds to pursue a claim for violation of the Act, you may have difficulty getting a judge to enforce the Act if there is no harm that resulted to you as a result of the disclosure.

As for access to your account... I would never agree to that, and they cannot require you to do that. If they won't take a check or money order, they are acting unreasonably. What they are trying to do is minimize their cost. If they draft your account and get nothing, it doesn't cost them any money. If they cash your check and it bounces, they have to pay a fee which increases their operating costs. Send them a check and don't think twice about it.

Read more
Answered on 1/05/05, 9:46 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri