Legal Question in Credit and Debt Law in Missouri

Collection

Is there a statute of limitations on credit card debt? A law firm is threatening to garnish my wages if I do not pay immediately? Can they do this, and can they be charged with harrassment for calling my employer?


Asked on 8/19/08, 3:32 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Collection

The statute on credit card debt is either 5 years or 10 years depending on whether you signed a contract. In most cases when a lawsuit is brought it is brought as an "action on account" which is a 5 year statute. The five years runs from the date of the last payment you made.

If you signed an actual contract (instead of doing something over the phone, etc) then the statute will be 10 years.

The Fair Debt Collection Practices Act limits a debt collector to contacting you at your work only if you do not have a home phone, and he can't do that if you send him a certified letter telling him to cease all contact. It has to be sent certified, and return receipt requested so you can prove they got it. After that, they should not call you at work any more, and if they do, you can sue them for civil damages (usually in small claims court). For info on the FDCPA see www.ftc.gov.

A collection agency can only garnish wages if they get a judgment. They have to sue first to get the judgment. The only exception I am aware of to this rule is Student Loan debt. There is no statute of limitations on student loan debt.

If they called your employer and told your employer that you owed them money, you probably have a good case under the FDCPA. I would suggest, if that's the case, you talk to a local attorney.

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Answered on 8/19/08, 8:48 am


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