Legal Question in Credit and Debt Law in Missouri

Debt Collection

Is a summons left by a debt collector with my landlord considered proper service in Missouri or is my either accepting or denying it considered acknowledgment? I have in the past given my landlord the authority to accept packages from me (though not in writing) Is my landlord considered ''an agent authorized by appointment or required by law to receive service of process'' in Missouri?


Asked on 9/17/08, 10:58 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Debt Collection

You have not been legally served. You can hire an attorney to challenge the service, or you can wait and see if the court accepts the service and enters a default against you. If it does, you can collaterally attack the judgment later for improper service of process.

The options are complicated here and what may work best in one situation may not work at all in another. You are well advised to get see a lawyer and get some advice on how to handle your specific problem.

Good luck

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Answered on 9/22/08, 1:00 pm
Anthony Smith LawSmith

Re: Debt Collection

Under the facts you described, it appears that the Plaintiff does not have sufficient service to get a money judgment against you. However, they MIGHT be able to get an In Rem (i.e. eviction) judgement against you. If you accept or refuse personal service, it might be deemed as adequate service, sufficient to get a money judgement against you. Good Luck

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Answered on 9/18/08, 5:19 pm


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