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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: In state of Missouri, can you verbally cancel a written contract with a purchase of vacation club resort?

Contract was signed and less than 24 hours was verbally cancelled with rep for vacation club resort.

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

Read the contract to see what you need to do to cancel. It's generally best to do important legal things in writing.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is 80 plus degrees considered livable for an apartment?

700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... Read more »

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

That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.

If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to...
Read more »

2 Answers | Asked in Real Estate Law and Business Law for Missouri on
Q: Can you recommend an attorney in the state of Missouri who can help with processing claims for recovery of overages

We mainly work with helping claimants to recover overages from a tax lien sale and in MO it requires an attorney to file a petition with the courts.

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

Overage of what?

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1 Answer | Asked in Employment Law and Banking for Missouri on
Q: Can a bank fire me for forgetting my password

I could not remember my login password at my bank job and I was terminated

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

Missouri is an employment-at will state. As such, an employer may fire an employee for such a reason or even for no reason.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: We signed a contract to sell our home with a local realtor in early May of this year.

Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023

Can we legally declare the contract to be null and void?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 12, 2022

The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.

1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for Missouri on
Q: Who would I need to contact to resolve this issue?

We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... Read more »

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

The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: What is the stature or percentage fee or charge for a lawyer on Missouri handling a lawsuit for property damage
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 9, 2022

There is no statute or specific percentage. For contingency representation, attorneys weigh numerous factors in coming up with a percentage, such as the potential recovery, the strengths and weaknesses of the case, whether the potential plaintiff has realistic expectations, and whether a judgment... Read more »

3 Answers | Asked in Admiralty / Maritime and Libel & Slander for Missouri on
Q: We were told we have a strong case against a cruise line. Not sure how to proceed.
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 9, 2022

Contact a local attorney experienced with defamation cases. They are tough cases under Missouri law because you must prove actual damages. Here is a link to the leading Missouri Supreme Court case on defamation.

https://law.justia.com/cases/missouri/supreme-court/1993/75201-0.html

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1 Answer | Asked in Libel & Slander for Missouri on
Q: Can I sue my soon to be ex-wife for defamation during a divorce in Missouri?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 4, 2022

Courtroom testimony is generally subject to an absolute privilege in a claim for defamation.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: MO landlord deducted from the deposit WITHOUT offering date and time of inspection. Am I entitled twice the deposit?

Unit was left in good condition, and was rented out immediately after we vacated. There are no damages and nothing beyond normal wear and tear. Photos verify this. My understanding is that based on the lack of ability to be present at inspection, we are entitled twice the amount. Is this accurate?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 6, 2022

You are entitled to sue for a breach of the security deposit statute. If you win, the court has discretion to award you up to twice the amount wrongfully withheld.

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 »

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