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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Criminal Law for Missouri on
Q: What happens if you openly fire your attorney at the beginning of a trial due to their lack of proper action on a case?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

The attorney is your attorney until the court says otherwise. If the court allows the withdrawal of the attorney then you can represent yourself. A criminal trial is unlikely to go well for you if you are not represented by a decent attorney. Hire a new attorney.

1 Answer | Asked in Construction Law for Missouri on
Q: Buying a new construction home from a builder in Missouri. I point out mistakes they tell me they will fix it but don't

I have pointed out a small handful of poor workmanship on the construction of my new residential property. During the pre-drywall walkthrough I was told by the foreman that the things I pointed out would be fixed. When I did my next walkthrough the new foreman told me they would not be fixed and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

You should contact an attorney to review your contract and as a first step try to negotiate with the seller. Through Justia, we are not able to solicit or recommend any attorneys. You'll need to contact an attorney directly. Look for someone with contract and real estate experience.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord threw all my in the dumpster after going into my apartment without my permission or notifying me first. and

then changed the locks to the door.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

That sounds like unlawful "self help." Call an attorney to assess your options, including suing your landlord.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you get a judgement removed from property that was received via beneficiary deed?

My father in law’s house was left to my wife and her two siblings in a beneficiary deed. Her brother had a judgement that attached to the house and we have bought out their interest. Is there anything we can do to remove the lien without him paying the judgment? It’s 16 years old so I’m... View More

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

Maybe. Hire an attorney to review the docket to determine whether the judgment has been revived.

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2023

I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

1 Answer | Asked in Collections for Missouri on
Q: I got a court summons for unpaid medical bill, I never received a final bill from them. What can I do?

Services were rendered March 2022. I received what I believed was my last bill in August 2022 and paid it in full.

The office stated over the phone that they never sent me a final bill (I owed $19.73) and now they say I owe them $1,680. Now I am being summoned to a court hearing.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Don't ignore the case or a default judgment will be entered against you. Either hire and attorney or show up at court. The plaintiff carries the burden of proving its case.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a landlord change the dates of a breach of lease letter
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

Without knowing more, it’s hard to answer your question. For example, does the lease even require a letter advising of a breach as a precondition for filing suit.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Collections for Missouri on
Q: What happens if I wasn't served for court?

I know I'm being sued by a collections agency because I received a letter for a lawyer wanting to represent me in court in the mail. I don't have the money for a lawyer right now, and still have not been formally served. Will they proceed with the case without me being served or will the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 29, 2023

The plaintiff needs to serve you in order for the court to acquire jurisdiction over you and enter a money judgment. If the first summons isn’t served, the plaintiff may request subsequent ones. Figure out a plan to deal with the case. You’ll probably be served eventually.

2 Answers | Asked in Employment Law for Missouri on
Q: Is it illegal for a job to fake offer you a position? And string you along for weeks and then "rescind it" for no reason

I was offered a position. I was told we were waiting on paperwork to process so I could get finger printed. I texted multiple people for weeks and was assured everything was good to go. Here they hired two of us and lied to me for weeks in case the other candidate didn't fall through. I lost... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 22, 2023

What you described is an utterly unprofessional business practice but not “illegal.” Missouri is an employment at will state. That means that absent a contract to the contrary, you could have been terminated on day 1 after 5 minutes or less and for no reason.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: How is loss of property(not real estate) calculated in court? Other than receipts what else would be considered
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 21, 2023

The fair market value of property would need to be determined. In large cases, parties use expert witnesses. In small, cases, parties submit evidence of what they paid or what similar property sells for use.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: If given a choice is it better or more beneficial to sue a individual or their LLC.?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

Depends upon on which one you'd be more likely to collect a judgment. If you have a valid legal basis to sue both, that might be your best option. If you are suing for breach of contract, you should sue the party to the contract.

4 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: IF THERE ARE TWO PEOPLE INVOLVED IN A MATTER THAT COULD INVOLVE A LAWSUIT DO YOU LIST BOTH PEOPLE WHEN FILING

If multiple people are affected , do they do their own form and lawsuit separately or are they list on the same form as plaintiffs.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 8, 2023

The answer is "it depends." It depends on the type of claim, the location of the parties, and potentially other factors.

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2 Answers | Asked in Collections for Missouri on
Q: I had a medical bill debt for $1200 and it was sent to collections. Can the hospital still sue me for the debt?

I was sent a summons that I never received because I did not live at the address on file. The AC suit is for $1200 but I already called the collections agency to set up payments. What do I do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 6, 2023

Show up at court and speak to the attorney.

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1 Answer | Asked in Libel & Slander for Missouri on
Q: defamation to post a picture of a man in a Facebook group page for women to warn other women not to date this man for

Various reasons. Liar, cheater, uses women and moves to the next?

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

Defamation requires an objectively false statement.

1 Answer | Asked in Contracts for Missouri on
Q: My uncle promised to lend money to buy tax lein property if I won it,but backed out after. I have a fine now. Can I sue?

The promise was verbal. I needed $50 to pay off my personal property tax before I could participate in the county auction. He loaned the $50 to me and a dollar to have the auction paperwork notarized. He loaned th $50 in the form of a check. I had to Cash it at his bank.

He knew full well... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 22, 2023

Anyone can pay the filing fee and sue but I don’t think you’ll win a lawsuit based on an oral promise to lend money. One of the essential elements of a claim for breach of contract is “consideration.” I that element is lacking.

1 Answer | Asked in Collections for Missouri on
Q: My last apartment complex sent me to collections without contacting me in any way. What should I do?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 12, 2023

Consult with an attorney if you can afford to do so. Relevant considerations are the amount sought, whether you owe it, and whether if you don't settle the landlord will sue you.

1 Answer | Asked in Collections for Missouri on
Q: Can a debtor in Missouri refile a garnishment if the courts terminated the order for failure to file a statement

A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment... View More

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

Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.

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