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Questions Answered by Ronald J. Eisenberg
2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is this considered pay discrimination and is it against the Equal Pay Act?

Two Direct Sales Representative’s (DSR’s) have the same base salary, same job code and functions – which is to sell Internet+TV+Phone+Mobile to residential homes. The employer has selected 3 out of the entire salesforce and gave them the option to continue to make $160 per TRIPLE PLAY bundle... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 7, 2021

You didn’t state whether the difference is gender-based or just an across-th-board change applicable to men and women.

This might be helpful to you.

http://www.eeoc.gov/equal-paycompensation-discrimination

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1 Answer | Asked in Contracts for Missouri on
Q: If I have already signed an offer agreement for a house, is it possible to rescind my offer before closing?

I was told by the agent to sign the offer agreement but nothing was explained to me about it, now he’s adamant about me giving the deposit. The closing is three weeks away.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 3, 2021

For most people, a house purchase is the largest financial transaction that they will ever make. You shouldn’t have signed without agreeing or understanding it. That being said, the contract terms might still give you an out. Perhaps there are contingencies. Have a local attorney review the... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: In Missouri is there a standard time after a real estate contract is expired that you can sell your property yourself

And not pay the realtor commission?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 25, 2021

There's no standard time. It's a contractual issue. You should read your contract. If it is unclear, consult with a local attorney.

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1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How do I submit a file for a failed response of writ of garnishment by the garnishee

The defendants employer (garnishee),Failed to respond within 20 days of the court order

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 24, 2021

I don't know about Florida, but in my state I'd file a motion for default judgment against the garnishee along with a notice of hearing. Last year that worked and I got a ~$25k judgment against the garnishee for failing to answer the interrogatories and to withhold wages.

1 Answer | Asked in Uncategorized for Missouri on
Q: I have a short-term rental property that was listed with a vacation rental property management company.

I've ended that contract agreement and listed the property with a different company. The former company still list my property on their website and others (airbnb, expedia, etc.) as managed by them. I've requested in writing three times for them to remove my property from their listings... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 24, 2021

If they won't take your request seriously, I think that a stern letter from an attorney will get you some results. If not, you could hire an attorney and sue for misrepresentation or tortious interference with contract.

1 Answer | Asked in Collections for Missouri on
Q: What all do you need to do on a discovery as a defendant?

Currently a defendant for civil case for debt collection. I answered the questions. Do I need to have a cover letter for this report? Do I need to sign it or notarize it. The plaintiff did not leave spots for signature or to be notarize

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 16, 2021

Answers to interrogatories should be notarized in Missouri. No cover letter is necessary. You should also file and serve a certificate of service. It's not required that the plaintiff provide the notarization page but you could request one.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: I live in Dent County my neighbors have five dogs I'm deathly afraid of dogs they keep coming in my yard what can I do
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2021

273.033. Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense. — 1. In any action for damages or a criminal prosecution against any person for killing or injuring a dog, a showing by a preponderance of the evidence that such person was in reasonable... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I live in Missouri and in a low rent housing complex. Everytime we get a stimulus check she raises the rent!

I am on social security and only make 401 a month! It has only been raised $6 in the last two years! We are HUD housing and the complex manager says its them making the raises not her. The raises seem to come whenever we get a stimulus check!! With so little income can they keep raising my rent... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

Unless you are subject to a lease that has not expired or your lease agreement provides otherwise, your landlord can demand an increased rental amount for a new lease term.

1 Answer | Asked in Criminal Law for Missouri on
Q: How can someones information disappear of mo case net.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

The court has the ability to raise the security level as to docket information so that it is not publically accessible on Casenet, but that occuring is the rare exception rather than the rule.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A...
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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can I represent myself if I was served? I was left $ by a friend and his son filed for a declaratory judgement.

He claims his dad had dementia and was not in his right Mind when he changed the percentages 4 months before he passed. There are 5 beneficiaries on his Edward Jones account and I don’t have the $ to hire an attorney. I don’t know how much money it is, when I called Edward jones they... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

You are entitled to represent yourself but you'll increase your chances of a good outcome if you find a way to come up with money to hire an attorney.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Fax: (636) 537-2599

1 Answer | Asked in Collections for Missouri on
Q: I am being sued in mo. for medical bill that was not submitted to my insurance and bill was sent to ex wife nov 2019

I had a heart attack and was sent to another hospital with a cardiologist on staff. I cant recall being asked at ER for medical card and a person in billing said i was listed as self pay, even though i had the same insurance in 2012 visit. The hospital said I should have sent change of address... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

If enough money is at stake and you can afford an attorney, I recommend you hire one to defend the case or to try to negotiate a settlement.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Fax: (636) 537-2599

1 Answer | Asked in Uncategorized for Missouri on
Q: bought a car that was advertised as perfect, The test drive was fine, it blew up on the way home can I get compensation?

Yesterday, I bought a Volvo 850 turbo from a dealer in independence Missouri. He told me that the car was in perfect running condition and that everything was great. He just had the oil changed, a new battery, and more. I got the car it ran great I signed the title and left. I drove less than 20... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 2, 2021

I’m sorry to hear that. You can sue but it will be your burden to come up with admissible evidence showing that the seller knew about then problem and lied to you. At this point you’ve only articulated highly suspicious timing between the sale and breakdown. Consult with a consumer lawyer... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My landlord shot my Siberian husky puppy.. I seen it happen he had no valid reason for shooting her.. what can I do??
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 2, 2021

Sorry to hear that. You could sue your landlord for the value of your puppy. Unfortunately, dogs are valued as personal property in Missouri. The true damage you suffered is emotional, but don’t expect that to be compensable.

1 Answer | Asked in Criminal Law for Missouri on
Q: Is it legal for my public defender to refuse to give me legal advice on my case or to discuss the trial strategy

Lawyer said she cannot give me legal advice on my case she advised me to ask someone who was not a lawyer for my legal advice

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

That's a very strange post. Were you asking your public defender for advice on another matter? It makes no sense that your criminal defense attorney would tell you to seek legal advice on your criminal case from a non-lawyer.

Regardless, the issue is not whether it is...
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1 Answer | Asked in Banking and Legal Malpractice for Missouri on
Q: Can your wages be garnished without going to court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Generally, no, but I'm not sure if you are seeking to collect money owed or if a private party or the government is garnishing your wages.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

1 Answer | Asked in Family Law for Missouri on
Q: Can I go after my sons father LLC Business? He owes thousands in back child support.

My ex recently asked for a modification (he has never paid any child support ) and during the interview he lied about his income and not having a Business. I just recently found out the name of his business, where it’s located and how long the business has been registered with the state of MO.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

An organizer of a business need not have an ownership interest in the business. If your ex has an ownership interest in a Missouri LLC, contact an attorney to see whether you could obtain a "charging order" against the LLC or otherwise garnish it.

Ronald J. Eisenberg...
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1 Answer | Asked in Landlord - Tenant and Medical Malpractice for Missouri on
Q: I was wondering if I can only sew the property manager company and not the owner of the building do to harassment

As well as get out of my lease early if needed. I've been the only tentant apporched about smoking on my back porch outside. There was no other tentants told about smoking outside only inside the apartments. Which didn't start happening until My rent wasn't paid that month. Which was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Anyone can sue anyone for anything, but it there has been a breach of your written lease, the proper defendant would be the lessor, not the property management company. Harrassment on account of smoking or a dislike of a tenant is not a cognizable cause of action in Missouri. If you were being... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: Please help i need to cancel an order of geehii pills from swift breeze fitness, and stop further shipments, this info

Ordered by mistake, thought it was going to be under $7, turned out to be $72, please help me get ahold of swift breeze fitness, they manufactor geehi pills, there is no information on how to cancel an order or to prevent further shipments and chargers, please help i am on disability

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

If you are looking to hire an attorney, use Justia's lawyer search tool and find an attorney near you. Without reviewing the facts and terms and conditions for the transaction, it would be hard for an attorney to determine whether you have the right to cancel the transaction. Missouri law... Read more »

1 Answer | Asked in Uncategorized for Missouri on
Q: Missouri Corrections Officers case SC 98252 vs MODOC How long can the Missouri Supreme Court Prolong this case?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 17, 2021

I see that the case was argued and submitted 11 months ago. The Supreme Court sometimes take around one year to rule.

1 Answer | Asked in Collections for Missouri on
Q: I sent money to someone thru Cashapp. We had a falling out. He won't give me my money back. Can I sue him?

I've tried to get my money or my shoes, he won't give me anything. Cashapp can't do anything because you have to dispute the transaction no more than 60 days after it's been completed. Do I have a case here? Can I sue him in small claims court to get my money back. Him and his... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 12, 2021

You “have a case” if you sue and a case number is assigned. You state that you sent him money but don’t indicate if it was a gift or a loan. Unless it was a loan, then you’ll likely lose. Hopefully you at least have emails or text messages clearly showing that it was a loan.

In...
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