Lawyers, Answer Questions  & Get Points Log In
Missouri Questions & Answers
2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Missouri on
Q: I was in a wreck but uninjured they had my vehicle for 30 days. Should I receive compensation for that?
Tim Akpinar
Tim Akpinar
answered on Feb 5, 2023

A Missouri attorney could advise best, but your question remains open for four weeks. Depending on liability and insurance coverage, one of the carriers could pay storage and possibly vehicle rental for a reasonable time period, but usually not in the range of 30 days. Carriers generally pay until... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: My green card got approved but I haven't received a physical card yet. Can I travel abroad without i131 in this case?
Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

As a holder of an approved green card, you have the right to live and work in the United States as a lawful permanent resident. However, it is important to have a physical green card in your possession, as it serves as proof of your status and can be required for various purposes, including... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a family attorney represent an hoa or does the attorney need to be a real estate/hoa attorney
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

A Missouri-licensed attorney may represent an HOA. Missouri does not require specialization.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Already legally separated since 2019. We both are in agreement we would like the final divorce. How do we proceed?
Kristen Thurmond
PREMIUM
Kristen Thurmond
answered on Feb 3, 2023

You state you are legally separated. If that means you have a judgment stating you are legally separated, then you simply need to file a motion to convert to a dissolution of marriage. You can have an attorney assist you or try to find forms on the self-representation portion of the Missouri courts... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: Served for old loan debt

My husband got served for old loan debt from 10 years and 4 months ago. Statute of limitations says they can't do this after 10 years, written. What can we do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

File a written answer and raise the SOL as an affirmative defense.

1 Answer | Asked in Contracts and Government Contracts for Missouri on
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?

I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.

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 Workers' Compensation for Missouri on
Q: Which attorney is the best for slip and fall that happen on your job
Scott Andrew Wilson
Scott Andrew Wilson
answered on Jan 26, 2023

You should look for an experienced workers compensation lawyer who represents injured workers who also handles personal injury claims as there may be potential third-party liability if someone other than your Employer was negligent in causing the dangerous condition.

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 Estate Planning and Probate for Missouri on
Q: Can 2 heirs sale inherited farm if 1 heir disagrees & is trustee of irrevocable trust & lives in house? Missouri state

Trustee lives in house & kept 98% of contents along with farm contents. Land has been surveyed into 3 plots of 42 acres each, but house,lot & barn w/lot not included. Has been appraised. He won’t pay heirs their 2/3 .

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 22, 2023

You should consider retaining an attorney to bring an action to enforce the trust and require an accounting from the trustee. It appears that the trustee is not acting in a proper fiduciary manner, nor complying with the terms of the Trust. You are entitled to an accounting for trust property... Read more »

1 Answer | Asked in Probate for Missouri on
Q: When a will is filed in Missouri, does the executor pay filing fees and other expenses upfront out of his own funds?

Since an attorney is required when filing a will for probate and the court requires payment of a filing fee, this can be a significant sum for someone who has been named an executor to pay on their own.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 22, 2023

An attorney cannot ethically advance costs. Therefore, the costs must be paid up front- usuallly by the personal representative. Intial Court costs are typically under $200.00. These costs can be reimbursed from Estate funds after the personal representative receives his or her letters of... Read more »

1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... Read more »

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 Divorce for Missouri on
Q: My husband of 4 months cheated on me and has been seeing another women for at least 3 months. Annulment or divorce?
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Jan 20, 2023

Divorce. The only practical difference in a divorce and annulment is that an annulment requires additional proof. An annulment is not going to be quicker or cheaper than a divorce either.

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.

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.