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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Collections for Missouri on
Q: How long after not hearing anything from an attorney can I assume that a lawsuit wasn’t filed?

On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?

Edit: there aren’t any cases filed against me on... Read more »

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

Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

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

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

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

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Collections for Missouri on
Q: I have been sued by a debt collection agency for less than $2000. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Can a customer sue me over an argument . She claims I called her a racial slur which I did not

Yesterday I got into an argument with a customer she claims I called her a racial slur and discriminated against her. I did not call her anything and we're of the same race. We're both mexican and I work in a Mexican restaurant. The only people there at the time was her and her friend and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Anyone can sue anyone for anything. I understand that you are saying you didn't call her a racial slur but even if you did that would not support a claim for defamation because, among other things, defamation requires and objectively false statement rather than opinion, as well as resulting... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What is involvement and cost to go to small claims court? I want my refund from a canceled concert-they ignore my calls.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Visit the website of your local circuit court. It will contain a fee schedule.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My understanding is that the CDC moratorium as of 9/4/2020 would make an eviction impossible until December 31st 2020.

I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 11, 2020

The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is my landlord allowed to come by unannounced, unlock and open my door without my permission even if Im home???
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

No, but I’m not sure what you are looking to hear beyond such an answer.

1 Answer | Asked in Wrongful Death for Missouri on
Q: What are the laws regarding someone with a mental illness who commits murder

Poplar bluff Missouri case

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

https://www.lawserver.com/law/state/missouri/mo-laws/missouri_laws_552-030

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

1 Answer | Asked in Uncategorized for Missouri on
Q: Is getting a online paralegal certification a waste of time?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

It would depend on the program. If you get a certification from some place that no employer knows then don’t expect much weight to be given to it. You are better off going somewhere local and interning at a firm to get experience.

1 Answer | Asked in Traffic Tickets for Missouri on
Q: Had to use uninsured car for corvid test to keep job and got a ticket. How to handle?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

Your reason for using the uninsured vehicle is not a legal defense to the charge. Hire and attorney if you can afford one. This is serious.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Landlord changed rent due date and time from what is stated in my lease A note of the change was put on my door Aug 28th

My lease says rent due at midnight the first of every month. Late fee is 10.00 per day max 120.00. I live in a senior citizen complex. Most get paid social security on the 3rd of the month. It's has been a verbal agreement that those who get social security the due date is on the 3rd of the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

You did not ask a specific question but I’ll address your post. If you are subject to a written lease then the lease terms control, not the landlord’s unilateral attempts to change the terms. But if the lease states payment is due the first then it’s due the first each month.

1 Answer | Asked in Health Care Law, Consumer Law and Collections for Missouri on
Q: What is the statute of limitations for when a hospital presents a bill for services rendered which must be paid?

The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »

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

You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.

What actions within five years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Missouri real estate question Small claims possible for unperformed repairs?

Addendum after inspection we asked for licensed qualified contractor to expoxy inject and add carbon fiber strips where needed to repair crack in foundation.

The sellers response section says "will add carbon fiber strips"

This partly creates an issue as to if they need... Read more »

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

An attorney would need to read the contract to give sound advice. It might be that you could plead a strong claim for breach of contract or violation of the Merchandising Practices Act. Before you sue, you should be aware whether you contract has language that would put you on the hook for the... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Bought a house and they did not disclose drainage issues. We had a storm last weekend that flooded the basement

Missouri is a non disclosure state. Do I have grounds for sueing the previous owners for lieing about drainage problems when the neighbors told us it has been an ongoing issue?

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

You very well might have a strong claim under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). I've got a client with the same problem that has been made worse during the recent rains.

Our governor signed a bill that weakens the MPA but it...
Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: How do I get my case moved to the county where I got custody?

My mother is trying to get guardianship of my daughter in a different county.

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

Ideally you'd hire an attorney to file a motion for change of venue.

1 Answer | Asked in Banking and Collections for Missouri on
Q: Company like ebay but specialized in my field owes Money for goods sold through their service. Payment plan a good idea?

Just dont want to agree to payments and then find out that by accepting an initial small payment that im accepting that as a resolution

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

If enough money is at issue you'd be well served to hire an attorney to prepare a written document the clearly specifies the agreeed upon repayment terms and protects your interests.

In general, if it costs you less to achieve a payment plan and it gets paid, as opposed to the costs...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: The validity of a Landlorf-Tenant contract and the Letter Of Intent

Regarding a contract for the use of a building. It has been signed by both parties. The date agreed to have use of the building is October 1, 2020 for $3000 monthly rent giving us 3k sqft and verbally agreeing to adding another 50 sqft to make it 3050sqft of usable space.

The initial... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 9, 2020

The validity of a contract is determined by its terms. You should have had an attorney involved in reviewing the contract. There are many contractual provisions that a landlord will right in a pro-landlord manner that an attorney could have adviseD you. I cannot tell from your post whether... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Missouri on
Q: What is my employer allowed to say to me me at work as far as personal stuff that has nothing to do with work?

So my wife and I work at the same place and we know the owner on a personal level outside of work. Well we got into an argument over the weekend and now he's taking it out on us at work. He called my wife a lier and said she should be ashamed to be a mother. He also brought up some personal... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 4, 2020

Missouri is an employment at will state. It is not unlawful for your employer to be mean, unprofessional, or rude. You have not articulated that any part of the situation was based upon your or your wife's membership in a protected class. If you believe there was unlawful discrimination you... Read more »

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