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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Collections for Missouri on
Q: Do I have to appear in court for a citation on examination of judgement debtor in the state of Missouri?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 14, 2020

If you have been served yes. If you fail to appear the plaintiff may request a body attachment. In other words, you could get locked up.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: What do i look at to see what this pertains to my paperwork

not sure what they mean ?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 3, 2020

Your post is too vague to answer. Please try again and give some context.

1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... Read more »

1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My last landlord has 2 days to forward the balance of my deposit...

I have had no word from him...and no tally of the final amount...should I forward him a copy of the statute? Also...would he be liable for attorneys fees...if this progresses? Thx

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

You may show your landlord the statute. I don’t understand your question about attorneys’ fees? If you were to hire an attorney to sue then you’d have to compensate your attorney. The security deposit statute doesn’t provide for the recovery of attorneys’ fees. If your lease does,... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 25, 2020

Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of...
Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: Can I sue businesses for promoting the Black Lives Matter movement?

I find it offensive and extremely racist. It has no place in a business such as Amazon. How do I force these companies to stop advertising BLM. If they are not willing to promote Alt-Right why are they allowed to promote BLM?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 20, 2020

Anyone can sue anyone for any amount of money. But you are going to lose if you file such a suit, I believe.

If you are serious and willing to spend thousands of dollars paying an attorney to file a frivolous suit perhaps you’ll find a taker. I think your lawsuit would be dismissed...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?

Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 19, 2020

I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.

https://law.justia.com/codes/missouri/2011/titlexxvi/chapter407/section407912/

If you qualify under the statute and commissions are due, you might have a good claim for more...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: Husband has not been served for a credit card debt. Does he have to attend court if he was never served?

We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.

2 Answers | Asked in Contracts for Missouri on
Q: Hi, Can I take a contractor to court for misrepresentation?

EMPHATICALLY told him that we do not want to have to clean or tidy anything after the job was finished. He said he was the capable of doing the job as per request. (We are no longer able to do the work. I am disabled, and my husband is 87). Mr Cronin agreed.

Upon completion we went to look... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

You may indeed file suit but, under the facts your described, I don't think it makes sense to pay an attorney potentiallly thousands of dollars because your actual damages would be measured by the value to fix his mess. You can file suit pro se, but you or your husband will need to attend... Read more »

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1 Answer | Asked in Employment Law for Missouri on
Q: Does your employer have the right to call you at home without expressed permission?this is in Missouri

If I call in to work, would my employer have the right to call and question, and/or fire me. Or would they be required to wait until the following work day

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2020

I’m not sure what you mean by “call in” to work. You didn’t provide context but in general an employer in Missouri may fire you for any reason at any time. There are exceptions. Meet with an attorney if you believe an exception to the employment-at-will doctrine.

1 Answer | Asked in Business Law for Missouri on
Q: Me and my business partner had a disagreement. And he told me that I was out and he was taking control of company?

I want him to buy out my 50% of the company the name and the reputation I worked very very hard to build! He brought no knowledge or anything except himself and half the money for ins. The tools purchased he payed for his I paid for mine only couple things were purchased thru company or with... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 27, 2020

Your formative documents control. Have an attorney review them.

Unless you and your business partner come to agreement you’ll spend a lot litigating.

1 Answer | Asked in Contracts, Business Formation and Business Law for Missouri on
Q: Can a none compete be over turned by the declaration of independence?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 25, 2020

I have no idea what your question means. Non-competition agreements are generally enforceable but they can be challenged depending on their terms. If the situation is important to you then you ought to hire an attorney to review the contract and give you advice. These agreements often have... Read more »

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: My Mother in-law is 80 on social security can;t afford new car any longer if let car go back can they garnish her check?

She just bought it 3 or 4 months ago,and still makes house payments.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2020

If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Is it legal for my commercial landlord to give notice of a fine/increase in rent to my employee?

My landlord gave me a notice saying that I owed him $700 and that he would increase my rent for the next 2 month. as a result this requires me to sign a new lease. this notice was given to an employee in my store and they were told to pass it on to me. Is this legal? The employee was my daughter... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2020

Yes, it is “legal” for your landlord to communicate with your workers about your lease.

1 Answer | Asked in Criminal Law and Libel & Slander for Missouri on
Q: Someone has claimed that I specifically have assaulted a woman in Walmart on Monday, 18th of May, 2020, around 6pm.

I know I didn’t do it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 21, 2020

You didn't ask a legal question but if you are wondering what to do you could contact a local criminal defense attorney if you thing there will be charges against you.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 20, 2020

If you are on a month to month tenancy then yes, your landlord may give one month’s notice to terminate, as may you. If you are subject to lease with a future end date and you are not in breach then your landlord has no basis to sue.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: my name is not spelled right on my real property tax bill

Last name is Wedle, they have Wedel.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 13, 2020

Then get it corrected. Could be that it is misspelled on the deed.

2 Answers | Asked in Real Estate Law for Missouri on
Q: Our neighbor after owning her house for 6 years is now contesting a property line. Does she have any standing?

We've lived in our house 20+ years and the fence in question was there when we bought the house. And the survey we had done showed no problem and the 2 previous owners had no problem with the property line

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 5, 2020

Of course she has legal standing. As to the merits, you could hire an attorney to file suit to quiet title and argue adverse possession. "To establish title to a tract of land by adverse possession, a claimant must prove by a preponderance of evidence that his possession of the land was (1)... Read more »

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1 Answer | Asked in Collections and Landlord - Tenant for Missouri on
Q: I am being charged for the smell of smoke in my old apt, I do not smoke, nor was anyone in my apt that smoked what

(Con’t)...are my options in fighting this as I dont want it to go to collections

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 28, 2020

Your options include

1. Paying your landlord or not opposing deduction of the money from your security deposit

2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting

3. Filing suit to seek the refund of your security...
Read more »

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