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Missouri/Portfolio Recovery Associates/Medical Debt/How-To Guides/How to File an FDCPA Complaint Against a Debt Collector
5 Steps · Missouri Law

How to File an FDCPA Complaint Against a Debt Collector

For Missouri residents dealing with Portfolio Recovery Associates on medical debt

Step-by-step guide to filing FDCPA complaints with the CFPB, FTC, and your state attorney general. This guide applies the steps specifically to Missouri's laws and Portfolio Recovery Associates's documented collection practices for medical debt accounts. In Missouri, the statute of limitations on medical debt is 5 years and wage garnishment is limited to 25% of disposable earnings or 10% of wages (greater protection).

5 years

Missouri Statute of Limitations

$2,459

Average Medical Debt

25% of disposable earnings o

Garnishment Limit

Known Portfolio Recovery Associates Violations

Portfolio Recovery Associates has a documented record of FDCPA violations. If any of these occur during your Missouri collection dispute, document them and file immediately.

  • Filing lawsuits on time-barred debt
  • Adding unauthorized fees to original balance
  • Calling outside permitted hours

How to File an FDCPA Complaint Against a Debt Collector — Step by Step

Steps customized for Missouri law, medical debt rules, and Portfolio Recovery Associates's collection patterns.

1

Identify the specific violations

Common FDCPA violations: calling outside 8am-9pm hours, using profane language, threatening arrest, misrepresenting the debt amount, contacting your employer after being told to stop, or continuing collection after a written dispute.

2

Gather documentation

Collect: call logs with dates and times, voicemail recordings, letters received, certified mail tracking numbers and green cards, and any written communication. The more documentation, the stronger your complaint.

3

File with the CFPB

Go to consumerfinance.gov/complaint. Choose 'Debt collection' as the category. Be specific about dates and violations. CFPB forwards complaints to the collector who must respond within 15 days. Collectors take CFPB complaints seriously.

4

File with your state attorney general

Many states have their own debt collection laws with additional protections. Your state AG can take enforcement action. File at your state's AG consumer protection division website.

5

Consider filing a private lawsuit

FDCPA allows you to sue in federal court within one year of the violation for $1,000 per violation plus actual damages plus attorney fees. Many consumer rights attorneys take these on contingency — you pay nothing upfront.

Medical Debt Dispute Strategies in Missouri

These strategies apply to medical debt specifically. 80% of medical bills contain errors. The No Surprises Act protects against out-of-network surprise bills. Medical debt can't appear on credit reports for 365 days.

  • Request itemized bill with CPT codes
  • Check for No Surprises Act violations
  • Apply for hospital financial assistance
  • Dispute errors line by line
  • Negotiate — hospitals accept 40-60% routinely
Relevant laws: No Surprises Act, 42 USC § 300gg-111 (balance billing), FDCPA if in collections, State surprise billing laws

How to Handle Portfolio Recovery Associates Specifically

  • PRA buys debt for pennies — never pay full amount without negotiating
  • Request the original signed agreement — PRA rarely has it
  • Document every call with date, time, and representative name

Missouri Debt Collection Laws

Missouri Merchandising Practices Act governs debt collection in Missouri in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Missouri Protections:

  • 10-year SOL on written contracts
  • Head of household garnishment protections
Income exempt from garnishment in Missouri: Social Security, Unemployment, Workers' comp, Pension

Key Tips

CFPB complaints are public — collectors know unresolved complaints affect their record
State AG complaints are especially powerful in states with their own debt collection acts
NACA (consumeradvocates.org) provides free referrals to consumer rights attorneys nationwide

Frequently Asked Questions — Missouri

Can Portfolio Recovery Associates garnish my wages in Missouri?

In Missouri, wage garnishment is capped at 25% of disposable earnings or 10% of wages (greater protection). The following income is protected: Social Security, Unemployment, Workers' comp, Pension. Portfolio Recovery Associates must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on medical debt in Missouri?

The SOL for medical debt in Missouri is 5 years. Once expired, Portfolio Recovery Associates cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Portfolio Recovery Associates's collection activity in Missouri?

Missouri Merchandising Practices Act applies in Missouri alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. 10-year SOL on written contracts

How do I dispute medical debt with Portfolio Recovery Associates?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Portfolio Recovery Associates must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Missouri Debt LawsPortfolio Recovery Associates in MissouriMedical Debt · MissouriPortfolio Recovery Associates ViolationsMedical Debt GuideAll How-To Guides

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