On occasion, we are asked to defend a small business or an individual in a collection lawsuit. One of the most overlooked defenses is embedded in Missouri Supreme Court Rule 55.27(a)(3), the text of which you can read here. If you are being sued for a debt, you need to check to make sure the plaintiff has the “legal capacity” to maintain the suit against you. Many times, your original lender will no longer have the legal capacity to sue you if they have been merged with or acquired by another entity and the proper assignment documentation for your loan is lacking. This happens with some frequency in the banking and financial sector, where banks are often merging and reorganizing. In short, you need to verify that the named plaintiff remains a viable entity. If the named plaintiff is no longer a viable entity, then you have a shot at getting the Court to dismiss the lawsuit against you pursuant to Rule 55.27.
Missouri’s Secretary of State website has a wealth of information about companies licensed to do business in Missouri; this is the best place to start your research. You can find the Missouri Secretary of State’s database here. Simply type in the name of the plaintiff suing you and the database should reveal whether the company remains a viable entity in Missouri. If you are being sued by a bank, you might want to check with the FDIC here. If the bank name comes back as “inactive,” you may be able to take advantage of Rule 55.27 to get your case dismissed.
Drafting a quality Motion to Dismiss takes time, skill, and research. Voytas Law, LLC is dedicated to providing creative, cost-effective representations to our clients in a wide variety of consumer and commercial lawsuits.
Your case is important to us and we welcome the opportunity to help you identify the best strategy for your situation.
Rick Voytas of Voytas Law, LLC is a trial lawyer who combines objective advice with the tactical know-how to obtain the compensation you deserve. He has more than nineteen years of courtroom and litigation experience, handling a variety of difficult cases.
As a native of St. Louis and licensed in Missouri, Illinois, and various federal courts, Rick Voytas provides knowledge and personal attention to your legal matter.
Don’t delay! Contact Voytas Law, LLC now for your debt collection legal problems in Missouri at 314-380-3166 or learn more at www.voytaslaw.com.
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