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Questions Answered by Ronald J. Eisenberg
3 Answers | Asked in Animal / Dog Law for Missouri on
Q: Can I sue a business for losing my dog??

I took my dog to a doggy day care about 2days ago when I arrived to pick him up they inform that somehow he got free and bolted through the dog I have yet to find him so I wanted to know what are my options and how to go about them. Thanks

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 23, 2022

Unfortunately, Missouri law is pretty weak on this subject. You could sue to recover the cost of what a comparable dog would cost to purchase. Dogs are treated the same as other personal property.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord has tried to say I am dealing drugs and is evicting me
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 2, 2022

You didn’t ask a legal question. If you are sued and served and don’t show up at court or hire an attorney then a default judgment will be entered.

Your landlord bears the burden of proof.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Missouri on
Q: If my landlord has replacement insurance and the house catches fire are my belongings covered if they are in the house?

I also had a motorcycle in the yard that burnt up.as well as all my tools.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 2, 2022

Without seeing the policy, one can only guess what it covers. My hunch is that the landlord’s policy won’t cover a tenant’s belongings but that merely a guess.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I have been served with an eviction notice

Being evicted due to nonpayment of rent because landlord refuses to make the repairs after I had called him, text him and sent him pictures.

Some of the things that I had mentioned to him was the fact that the wall heater only heats one room or the fact that there is no insulation in the... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 2, 2022

You described your situation but didn’t ask a legal question. If you were served, be sure to show up at court or hire an attorney if you can afford one. Missouri has a statute covering tenant repairs if a landlord won’t make the repairs but the statute is a weak one.

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofing contractor signs contract & accepts $9000 down payment for job. He uses money for himself

doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 28, 2022

He breaches the contract if he doesn’t honor its terms. For example, if there is a May 1 deadline for him to finish the roof and that date hasn’t yet arrived, then unless he has told you that he won’t perform he hasn’t breached the contract.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: In Missouri, can my landlord discuss my personal business with a non-tenant family member without my consent?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 22, 2022

In general, there is no special privacy rights in a landlord-tenant relationship under Missouri law.

1 Answer | Asked in Contracts for Missouri on
Q: I have a contract for remodeling kitchen and bathrooms and I have paid 26% down, $11,000 so the contractor could

purchase material. I am told the contractor has purchased the material. The contract says if I cancel I pay 20% of the contract amount or the contractor's costs whichever is higher. If I cancel can I just forfeit the $11,000 but will I be entitled to obtain the material? Is the material in... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 22, 2022

That's a large sum. For an attorney to provide a meaningful answer, the attorney would need to review your contract. If it makes financial sense to you, pay an attorney to review the contract. In addition to the terms you stated, the contract might also have a one-sided attorney's fee... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Missouri on
Q: My daughter is a victim of sexual assault and our identity is plastered all over casenet.

Statue 566.226 states our Identity is not suppose to be public records,

Our address to our home as well as my daughter school, as well as My name ( her Mother) all over case net

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 20, 2022

That’s terrible. Hire an attorney to seek to have that information not appear on Casenet. I don’t know why a judge would not grant a motion to seal or raise the security level of such filings.

2 Answers | Asked in Real Estate Law for Missouri on
Q: What are the consequences if buyer is backing out of contract because mortgage payment is higher?

Buyers realtor reached out saying buyers can’t linger go through purchase because mortgage payment is higher. Seller realtor stated they can’t since they have a signed contract, buyers realtor said ok we will do inspections then they can walk away. Is that even possible? Sellers realtor says... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 19, 2022

There are no consequences if the buyer doesn’t breach the contract. If the buyer breached the contract the consequences could be the loss of the earnest money or a lawsuit for damages or specific performance.

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1 Answer | Asked in Civil Litigation for Missouri on
Q: Can the judge rule against the satisfaction of judgement?

I live in Missouri and before I pay the money I owe State Farm I want to be sure that they (or the judge) cannot either not turn it into the judge or the judge rule against it being satisfactory

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 13, 2022

Any judge can rule against a motion but if you’ve satisfied the judgment and the plaintiff refuses to file a satisfaction then you are entitled to have it satisfied. So long as you can provide that you’ve paid it in full, including post-judgment interest and costs, I see no reason that you... Read more »

1 Answer | Asked in Collections for Missouri on
Q: I am being sued by a debt collector. Can I respond in writing before court or do I respond in person at court?

I thought the original creditor dismissed this account as a hardship. I was surprised when a debt collector tried to collect on it, and now a different debt collector has bought the account and is suing to collect.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 8, 2022

If the case is in the associate division then your mere appearance at court constitutes a general denial of the allegations. If you wish to assert affirmative defenses, you must plead them in writing.

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Missouri statue on a noose being hung at my job by my supervisor 7-8 years ago and I have a witness?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 5, 2022

7 years is way past the statute of limitations for employment discrimination.

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2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofer took 9,000 down payment in Nov’21 signed a contract & roof wasn’t done until Nov 2022 Is the contract still valid

He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 5, 2022

Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... Read more »

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1 Answer | Asked in Consumer Law and Personal Injury for Missouri on
Q: my lawyer won 4500 for fcra violation but said i can only get 1000,00 and he keeps the rest i was on contingency fee

He said its not him taking all the money its the industry only letting me get 100.00 this makes no sense.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 28, 2022

You’ll need to read your engagement letter.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: The hospital bill I've been paying an agreed apon amount needs to double or its going to collections according to them.!

They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 18, 2022

It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... Read more »

1 Answer | Asked in Libel & Slander for Missouri on
Q: I know defamation and libel is hard to prove in Missouri but I feel like we have a case here.

Me and my wife have been attacked by a couple in our town for weeks now. Numerous posts on FB and numerous videos saying things that have been proven false. My wife is a teacher in our town and they have made numerous posts attacking her career as well and its getting severely out of hand. We have... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 16, 2022

Your next step is to schedule a consultation with an attorney who understands and has experience with defamation matters under Missouri law. Generally, a cease and desist letter from an attorney is a good first step before jumping into litigation.

I am sorry that you and your wife are...
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1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: I'm being wrongfully charged of a crime I didn't commit it's wrong place wrong time situation and it's going to undo

Everything I have done and thousands I've spent to keep them safe if I take q plea deal that takes my kids from me if I take it to trial I'm looking at 10+ years over literally nothing I have done

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 13, 2022

You didn’t state whether you are represented by counsel. If so, rely on your counsel’s advice. There’s no way for a stranger to the situation to give you advice on such an important decision.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: Can I sue my lawyer for malpractice for not entering all our evidence when she told me she did? Lost case bc of that.
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 13, 2022

I’m not sure what you mean about your landlord not entering evidence. So long as you are within the statute of limitations you may sue. Whether is makes sense to sue is the better question and will depend on many factors. Those factors include the merits of the potential case, whether you are... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My apartment has flooded 7 times with sewage water and I want out of my lease is there any reason I have to give notice?

So I talked to my property manager and they said that I’m responsible for paying next months rent since I have to give them a 30 day notice and that they also have to send it in to their corporate approval. I was also told that I’m responsible for the rent because they have “sent someone to... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 9, 2022

An attorney would need to read your lease in order to give sound advice. An attorney could try to negotiate a mutual termination of your lease so that no lawsuit against you gets filed. If you simply decide that your landlord breached the lease and you vacate, you will likely get sued.

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