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What's the Best Defense Against a Credit Card Lawsuit? Fraud/identity theft. Bankruptcy discharge. Previous debt settlement. Expired statute of limitations. Error by debt purchaser. Credit card company's mistake.
Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector.
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
The FDCPA prohibits debt collectors from publicizing your debts. That means they can't call your boss and say you're $11,000 upside down on your car and haven't made a payment in months. They can call you at work, but they can't identify themselves as a debt collector to the person answering the phone.
Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
Summary: You have 30 days to respond to a debt lawsuit in Missouri. In order to respond, it's best to file an Answer document into the case. In your Answer, you should address each claim against you and assert your affirmative defenses.