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Missouri Questions & Answers
1 Answer | Asked in Civil Litigation for Missouri on
Q: In the state of Missouri is it legal for a city worker to come into a privacy fenced backyard, when there are no meters

There are no meters or anything owned by the city in the back yard. And my fence has been damaged.

Trenton D. Garza
Trenton D. Garza
answered on May 25, 2022

Generally, it would not be lawful for a city worker to enter your property without your permission, or to damage your fence. However, there are many circumstances where it is legal for them to enter your property - even against your direction. Having a meter is just one example where a city or... Read more »

1 Answer | Asked in Personal Injury and Wrongful Death for Missouri on
Q: Can a certified lifeguard in the state of missouri be held liable if someone drowns in a municipal public pool?
Todd N. Hendrickson
Todd N. Hendrickson
answered on May 20, 2022

That depends on a lot of factors. All I can say at this point is it's possible.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Is Regulations on Assistance Animals (ESAs) Legal?

Hi, I live in a single family home, in Missouri, which is public housing. I was prescribed by a psychologist an assistance animal to help with my severe generalized anxiety and depression. I went to speak with my landlord and they gave me a thick sheet of “rules” i have to follow such as;... Read more »

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

This is not legal per the Fair Housing Act as a blanket set of rules. Reasonable restrictions can be requested by the landlord if your particular emotional support animal(s) would somehow interfere with the living situation of other residents/ the character of neighborhood (for example your... Read more »

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

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

In short the answer is yes. But it would make more sense to start with demanding more information as to what happened, ask to see any surveillance videos etc to see if you can somehow get some clue as to what may have happened or where he ran off to.

Also find out if your state regulates/...
Read more »

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2 Answers | Asked in Immigration Law for Missouri on
Q: I have a question about my 190 bio appointment and application and need to speak with an immigration base in Missouri.

I need to know if I can reapply, still have my PR status or will I now be deported

You did not appear for your scheduled appointment.

Therefore, USCIS considers your application abandoned and you are not eligible for replacement of

Form I-551, Permanent Resident Card.... Read more »

Adan Vega
Adan Vega
answered on May 5, 2022

You seem to have been granted lawful permanent resident status in the past and you were filing the FORM I-90 to extend the validity of you resident status card.

You must keep in mind that you are a lawful resident until such time that an immigration judge declares that you are no longer...
Read more »

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1 Answer | Asked in Trademark for Missouri on
Q: Am I allowed to use the phrase r.v there yet. On my r.v repair business sign? It has a copyright just not sure loophole

Can I get permission from them to use in a different font? For strictly my business sign highly doubtful but worth a shot?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 5, 2022

[This is a trademark question, not a copyright question.]

Good Sam Enterprises has a federal trademark registration for the mark RV THERE YET? used for an online journal & for newsletters. An application to register RV THERE YET RESORTS was refused registration as confusingly similar....
Read more »

1 Answer | Asked in Family Law for Missouri on
Q: Family law. Issues with which address the children live at.

My ex-wife and I have been divorced for over 10 years now and this has never been an issue until now. In the divorce degree it states she gets to use her address as the children main residence. Until recently she has lived 20 mins from me now she moved over an hour and 20 mins away and crossed in... Read more »

Steve D. Hardin
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Steve D. Hardin
answered on May 3, 2022

You need to consult with a family law attorney and have them review your parenting plan there maybe quite a lot that can be done. Do not wait as time may make it difficult or impossible to do anything.

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
PREMIUM
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 Bankruptcy for Missouri on
Q: Contemplating bankruptcy questioning whether I would lose my House

Also not really any equity the home if was to sell. Usda done a moratorium to defer payments it is back to where I am making payments but I am a few behind credit report shows loans in forbearance

Malissa L. Walden
Malissa L. Walden
answered on Apr 29, 2022

When you file for bankruptcy any property you own will be classified as exempt property or non-exempt property.

Exempt property is safe during the bankruptcy.

Non-exempt property can be sold for the benefit of your creditors.

Each state is allowed to decide what exemptions...
Read more »

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1 Answer | Asked in Traffic Tickets for Missouri on
Q: In 2018, I got a ticket for missing a stop sign. Long story short I was a college student and accidentally missed court

I no longer live in missouri(moved away in 2020) and just received something in the mail about a warrant. I’m flying internationally in a week and am worried I won’t be able to go/get back. Is it common for people to get arrested flying internationally for bench warrants?. I plan on taking care... Read more »

Andrea Rogers
Andrea Rogers
answered on Apr 28, 2022

You can hire an attorney to lift the warrant and get your stop sign violation amended to a non-moving, no-point infraction so you won't have any points on your driving record (and your insurance company won't have a reason to raise your rates). You won't have to turn yourself in to... Read more »

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?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2022

As always, Mr. Eisenberg is correct.

A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,...
Read more »

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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
PREMIUM
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
PREMIUM
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 »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 19, 2022

If your transaction is written on the Missouri Association of Realtors form contract that many Realtors use, then closing is likely contingent on financing as well as inspections and possibly other factors. If any of these contingencies is not met the buyer is able to cancel the contract without... Read more »

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1 Answer | Asked in Social Security for Missouri on
Q: Ive filed for disability. Should i not be working while they deliberating or try to work during the process
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 19, 2022

If you are able to work at a substantial gainful activity level then you will not be found to be disabled.

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