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Missouri Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to not give you your time cards?
Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, this is an issue that is usually governed by state law. Are you having a minimum wage or overtime issue? I would reach out to an employment law attorney in your state to see what can be done.

1 Answer | Asked in Employment Law for Missouri on
Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.

I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is a 10 day due diligence required in Missouri when purchasing real estate?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2021

There is no such general requirement under Missouri law.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Missouri on
Q: I lease a Walkabout Properties home. No stair rails installed on deck. Lost balance on stairs and fell. May I sue them?

This event happened Fri., June 4, 2021, at 5 p.m. I suffered a concussion with a large subdural hematoma. No fractures, but the fall injured my back, sacral area, neck and shoulders. A level 3, or mid to severe concussion, can take time months to heal. I have a continual headache, including... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

I'm sorry for your accident and the injuries you suffered. This is really something that a Missouri attorney should advise on, but your post remains open for four weeks. If you reached out to attorneys in the Springfield area, most would probably offer free initial consults on such matters.... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: I was going 103 mph and the speed limit was 60 mph & my court date is in September. What penalty could I possibly face?
Keya Reed
Keya Reed answered on Jul 22, 2021

You could receive jail time and/or a fine. In this situation, you may want to hire a lawyer to at least negotiate no jail time.

1 Answer | Asked in Employment Discrimination for Missouri on
Q: can a company tell me to cease applying to their company?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2021

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 17, 2021

Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
Q: Chp 13 trustee paying child health insurance but not child support to custodial parent. Debtor's court ordered to pay

MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.

David Reese Fondren
David Reese Fondren answered on Jul 15, 2021

You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... Read more »

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1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

1 Answer | Asked in Traffic Tickets for Missouri on
Q: trooper made an error reporting my plates on sp. ticket. Will this cause dismissal?
Andrea Rogers
Andrea Rogers answered on Jul 9, 2021

No. Minor errors on the ticket are not sufficient to justify a dismissal. The police officer or prosecutor can correct any errors at any time.

1 Answer | Asked in Employment Law for Missouri on
Q: i’m 17 and by missouri law after being terminated they have 7 days to pay me and they refused to and called the cops

they refused and called the cops to trespass me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

What's your legal question?

Here's the relevant unpaid-wages statute. Contact an attorney if the amount owed is sufficient.

290.110. Payment due discharged employee — exceptions — penalty for delay. — Whenever any person, firm or corporation doing business in this...
Read more »

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Is there a lawyer i can get to look at at a contract to see if its fair. For free are will I be charge.

It a Operating Agreement want to make sure my son is making the right desion

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.

1 Answer | Asked in Contracts for Missouri on
Q: I co signed for a vehicle for my brother. I do not have access to it and have no idea where he is. What can I do

He’s on parole and I’m afraid to provoke him

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

That’s a bad situation. Unfortunately, you are still liable for the payments. There’s no magic way for someone to determine the vehicle’s location.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I submitted a background check upon interviewing with a company. They hired me. At orientation they asked for another

I never completed the second check yet the company fired me citing the second check and their corporate partners having an issue. Shouldn’t all that have been cleared up with my first check and if so are they at risk for discriminating against me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

It is unclear to me what type of unlawful discrimination you believe occurred. If you believe the discrimination was based upon your arrest record or criminal history the you might find this interesting. https://jobs.mo.gov/sites/jobs/files/criminal_background_check_dwd_12-2016_wioa.ppt... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: I got a 2 tickets: the court time is wrong and my name is spelled wrong. Can I get them dismissed?

Ticket 1: Not stopping for an Emergency vehicle. They spelled my first name wrong, and wrote the time for court date at 9pm when our local court closes at 4pm. He also scratched out the first court date he put and fixed it to the correct day.

Ticket 2: Driving without a License. I have my... Read more »

Andrea Rogers
Andrea Rogers answered on Jul 1, 2021

Misspelling of your name and other minor errors on the ticket are not sufficient to get a ticket dismissed. Any errors can be corrected by the police officer or Prosecutor at any time.

The ticket serves as notice that you have an upcoming court date. The Prosecutor probably meant to write...
Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Cant find wife and kids to serve her for custody and get temporary custody until court? What happens if we can't find h
Spencer Williams
Spencer Williams answered on Jun 30, 2021

Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do both home owners' names have to be listed on the listing contract with a real estate agent? Owners aren't married.
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 30, 2021

The short answer is yes. All persons who are owners of the property must sign the listing contract because all of them have to agree to sell and all must participate in the transaction.

2 Answers | Asked in Immigration Law for Missouri on
Q: Can a Brazilian with a tourist visa get married 2 days after arriving in the us ?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jun 30, 2021

You can. However, a USCIS officer might say that you were actually lying about what you were coming to the USA to do in the first place. This is especially if you do not plan to return home after the ceremony and file for adjustment of status here in the USA.

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