Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a broker in Missouri to require their agents to sign a non-compete clause?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

It’s not a matter of legality but rather of the enforceability of such a provision. The enforceability would depend upon the facts, including the geographical and temporal scope of the provision.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate agent make false claims about another agent to take their clients?

Had another real estate agent calling clients that I had worked with and telling them that I had retired and that I had referred them to her. I’m concerned that this is affecting my business.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

If you can prove that such a statement was made and you can prove that you were financially damaged and if you are willing to pay an attorney to file suit for you, go for it. Also, make sure the other agent has insurance or funds to pay any judgment you might obtain.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What does run concurrent mean
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

Sentences on different courts can run at the same time rather than back to back.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Missouri on
Q: i got a certified letter to do a statement under oath from my car being vandalized. the date of loss is incorrect

the letter was from the attorny that is representing my insurance company. it has all the details like policy number ,date of loss which is incorrect. they are a month off

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

What’s your legal question? Letter from whom?

1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Contracts for Missouri on
Q: signed a contract for a new job on 1/10/2023 as NP; I am yet to complete the HR onboarding documentation. Can I back out

The contract was made effective on 1/10/23, but the contract also said The

position and salary would begin effective around 02/9/2023. They are claiming they have spent a lot on credentialing and that I will have to hold to the term of the contracts in full or pay to break the contract. The... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 23, 2023

You should hire an attorney to review the contract and provide advice rather than hope that someone will accurately asses a snippet of the document.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for an employer to make an employee take a vacation day for a Friday off of a 4 day work week?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 21, 2023

Employers aren’t required to provide any vacation days. Therefore, this isn’t a matter of legally but rather whether the employer is breaching its contract with the employee.

1 Answer | Asked in Collections for Missouri on
Q: I have 4 personal loans that I have current but I'm not going to be able to pay 3 of them it's either eat or pay them.

The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 19, 2023

If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Purchased home in 2/2021, recently found structural damage from old water damage that was not disclosed. Options?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you have proof that the seller knew of the problem and failed to disclose, you could have an attorney assert a claim for violation of Missouri's Merchandising Practices Act (MPA). That's Missouri's consumer protection statute. On my website, there is an article you might find... Read more »

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued from a debt and collection agency please do you know if I’m between jobs but the job I had paid alot??

What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.

If you don't show up at court a default judgment will be entered against you. If you are served, either show...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: What is a creditors rights and what is mine n court.I am being sued I live in Perryville Missouri
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, does my employer have to pay me for a mandatory zoom meeting?

Company is an LLC & employee is hourly

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 11, 2023

An hourly employee should be paid for attending a meeting, whether in person or online.

1 Answer | Asked in Collections for Missouri on
Q: How long are judgements good for?

In 2013, I got a judgement against me for a $900 credit card with an accuring interest and court costs. At the time, I was making $4.00 hr as a server, a single mom of 2 and going to college. I tried telling the attorney I could only pay $25 a month. He insisted on $50. Shortly after the judgement... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Missouri judgments last for 10 years unless revived sooner or there is a payment reflected on the record I’m not sure if your two payments are shown on the record. If so, that automatically resets the clock. A small claims judgment is not a lien on real estate but the title company still... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

1 Answer | Asked in Libel & Slander for Missouri on
Q: can a person file a suit on defamation after a case was dismissed with prejudice?

i am out of work due to being on the news saying i starved my child it was dismissed and i did nothing wrong no one will hire me the news stations wont correct it to change my life being ruined

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 26, 2022

A dismissal with prejudice is the same as if the case were tried on the merits and you lost. You aren’t entitled to a do-over. Defamation cases in Missouri are tough.

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Education Law and Internet Law for Missouri on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she didn't know I was cc'd) with three employees I don't knit l know, misrepresenting themselves as the President of ASU.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2022

All I can discern from your post is the your child was the victim of some sort of discrimination based on sexual orientation and that you cannot afford to pay an attorney by the hour to represent her. I suggest you contact some attorneys who handle discrimination matters and see if anyone would... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: What are my rights in Missouri for paying someone to help me move and they were careless, broke, damaged & stole thIngs.

I paid someone to help me move and they destroyed most of my belongings. There are also things missing.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 15, 2022

You have the right to file suit to recover your damages.

1 Answer | Asked in Employment Law for Missouri on
Q: I know someone worked 8 hours but the manager that told the person to work now says she didn't. Can that person sue the
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 12, 2022

Yes, an employee can sue for unpaid wages.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2022

It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.