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Questions Answered by Ronald J. Eisenberg
2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 14, 2019

Hire an attorney first to write a letter. If that doesn't work an if the earnest money is a large sum or if the contract entitles you to reasoable attorneys' fees in the event of breach it might make financial sense to hire an attorney to file suit.

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on
Q: My dog just died from eating berries off a lantana plant in the backyard of the home I've been renting since June. Sue?

My landlord never advised that plants on property were toxic to dogs. I accumulated about $2,500 in vet bills trying to save my dog to no avail. Can I ask my landlord to reimburse?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2019

I am sorry that your dog got poisoned, but I'm not aware of any Missouri case on point. My gut feeling is that a landlord is not under a duty to advise a tenant of plants that are toxic to animals. Here is a link to an old Missouri Court of Appeals case, Grimmeissen v. Walgreen Drug Stores, 229... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I am being evicted and . I am in Missouri. Can I file an Application for Stay of Execution to allow longer to move

I have not been able to pay rent due to illness and unable to work

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 6, 2019

Unfortunately, a tenant's financial and physical conditions are not relevant to whether a writ of execution may issue and be carried out. You can certainly filed whatever you wish but, realistically, it won't be granted and the execution will likely be carried out before you could get your motion... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: I received a ticket for expired tags Oct 6 car was parked in front of my house, ticket has not been filed yet, Missouri

This is not the first time this has happened.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 6, 2019

What is your legal question? You've indicated that your tags are expired. If so, then I don't understand why you believe the ticket was improper. Please clarify so that you might receive a more helpful answer.

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Can I cancel a window contract in my home within 72 hours of the signature with out penalty, even if the contract says

Contract says must be mailed, I emailed my desire to cancel and phoned without signatures

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 25, 2019

I'm not aware of any cases addressing you specific issue. The statute seems to contemplate either mailed notice or in-person delivery of the notice, because it states, "Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement."... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Whose responsible for foundation repairs ?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 22, 2019

Your question lacks details and context. Are you referring to a lease or a purchase? Is there a governing contract? These are key questions.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Consumer Law for Missouri on
Q: What can be done concerning a garnishment for a debt that you don't owe & the original garnishment was orderd 3-2012?

When researching a friends finances, I discovered that a garnishment in April 2018, was the second attempt to collect a debt that had been purchased sometime prior to November 2011, when the first garnishment order was filed for.

When questioning my friend concerning the information that I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Missouri judgments are valid for 10 years and may be revived for additional 10-year periods.

A garnishment was issued because a judgment was entered. A money judgment requires service of process. If your friend was not served, then she should hire an attorney familiar with process of...
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2 Answers | Asked in Personal Injury for Missouri on
Q: I was holding my phone while it was charging and was electrocuted apple wants all of my medical information why?

I’m still in treatment trying to deal with this constant pain and nothing helps (5 months now) anyway I called apple to ask about something like this happening before to someone else. They transferred me to 3 different people. I sent them pictures of the shock and damage to my hand and they want... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Contact a personal injury attorney near you. If you are claiming to have been harmed, it is normal for the other side to want to see your medical records in order to assess whether to pay you and how much (or, more likely, little).

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1 Answer | Asked in Business Law for Missouri on
Q: Could I take an out-of-state online business to small claims court?

This last May, I won $500 in free airfare credit from a vaping website I use, named Breazy. I was told I would have my prize “no later than the 30th” of the month (so May 30th). It’s now almost mid October and still no prize. I’ve emailed and called many times. Filed a BBB complaint that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

I'm sorry to hear that Breazy won't keep its word. Filing suit in small claims court against an out-of-state company like Breazy won't do you much good for reasons that would take too long to explain in a short answer, but deal with your ability to collect the judgment if you get one. I suggest... Read more »

1 Answer | Asked in Collections for Missouri on
Q: As head of household if I have 2 garnishments what is the total max % that can be deducted for both?

Neither are CS, taxes or student loans

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 4, 2019

10 percent total. The garnishment that was served first is the one that gets paid.

I hope this answer helps.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you just because you told him he's not following safety codes and he needs to do repairs

we have bats in our ceilings that come into the apartments my outdoor lighting on my deck has never worked I've got Outlet in my kitchen that has quit working in a year ago I got exposed wiring and it's roach-infested the whole building is roach-infested and he keeps spraying for roaches every two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

A landlord can filed suit to evict you if the landlord can prove that you've breached your obligations under the lease or that the lease has terminated and you are still there.

1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna be in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

Read the guide I wrote on how to set aside a default judgment.

https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html

Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA)....
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1 Answer | Asked in Contracts for Missouri on
Q: We thought we only signed a year lease and they Just informed us it automatically renewed for year

There is one sentence stating the lease will automatically renew after year lease but was never told how we had to avoid that. We assumed that our lease was up in September and we told them we were moving and they said we never told them not to renew the lease. How can we get out of this lease. We... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 27, 2019

Have an attorney read the lease and see if there is a way out. Leases commonly have automatic renewal provisions and they are generally enforceable. You could have given timely written notice that you were not renewing.

2 Answers | Asked in Libel & Slander for Missouri on
Q: Can someone use a listening device to make a recording of me talking on the phone in a car?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 25, 2019

Your question is not an issue of defamantion.

Missouri is a one-party state as to recording of calls. That means one party to the conversation can record the call even without the other's permission. A person not a party to your call should not record your call if you had a reasonable...
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1 Answer | Asked in Civil Litigation and Libel & Slander for Missouri on
Q: A local competitive Audiologist is using slander against my company and myself, Happened over 5 times now, what can I do

He works under our local ENT whom my patients visit for other issues and then it turns into a hearing test and recommendation they buy hearing aids from him. He asks how much they paid and whom he bought from? Then he slanders and bad mouths the price they paid and me personally, since I have done... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 25, 2019

I'm sorry to hear about your situation. In order to form an opionion as to whether you've been defamed and whether it would be worth suing for defamation, I would need to know what was said, when, and other information relevant for a defamtion claim. Defamation cases are difficult under Missouri... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I live in Missouri. If a master "bedroom" doesn't have a closet is it a legal bedroom? No closet in the master bath .

House is listed for sale as 3 bedroom 2 bath but only 2 bedrooms have closets in them. The master " bedroom" does not have a closet in it and there is not a closet in the master bathroom. My question is , is it legally a 3 rd bedroom without a closet? I have been told that's it's not according to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2019

You won’t find a Missouri state law on point. Rather, you should check your local municipal code to see what constitutes a bedroom.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I be sued for something after closing for something I didn't know about?

This mobile home is in Missouri, and was inspected and appraised prior to closing.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 13, 2019

You can indeed. Anyone can sue anyone for anything. The outcome of the case will depend on the merits as well as what you do to defend the lawsuit. Homebuyers frequently sue sellers for failing to disclose problems. I'm not saying that you did anything wrong, as I don't know the facts, but an... Read more »

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