Legal Question in Credit and Debt Law in Missouri

Re: Fdcpa

If they attempt to collect by letter, they have to notice you and provide you with an opportunity to dispute the debt.

If they simply go out and sue you, they don't have to do anything except comply with the venue requirements of the FDCPA.

If you have been sued, consult an attorney right away.

Re: Fdcpa

The information you got is too generalized to answer "yes" or "no" The collector(in this case an attorney) must comply with the FDCPA. Some federal circuits have found that the attorney is required to at least send the defendant a "30 day" notice and opportunity to dispute letter before filiong suit. Other circuits have said they do not have to. I don't believe the 8th circuit (which Missouri is in) has yet ruled one way or the other. Most colectiopn attorneys here send a letter out befroe filing suit, to be on the safe side. If you coudl invest $10,000.00 in legal fees, you could be the test case for this circuit.

I case you choose not to be the test case, I suggest you defend the law suit before a judgmetn by default is taken against you. If you do not really dispute the debt, I would not suggest that you rely on a possible future FDCPA suit to recompense for what the creditor collects from just such a judgement.

Good Luck