Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Ronald J. Eisenberg

1 Answer | Asked in Business Law and Civil Litigation for Missouri on

Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Missouri on

Q: I worked for a Missouri company. I quit due to disagreements, the owner still has my information on her site.

I now live in Oklahoma. The business in is Missouri, where I lived when I worked there. I have asked for my information to be removed so I will stop getting daily calls and emails for her company. She refuses. It has been since Dec. 2018.

Ronald J. Eisenberg answered on May 17, 2019

You didn't ask a question. If you want to know what you can do, my first answer would be to request the removal of your information. But you've already done that. Hire an attorney to write a letter demanding removal.

1 Answer | Asked in Real Estate Law for Missouri on

Q: I thought I was purchasing a home. Put 15,000$ down (earnest money), then another 25,000$, along with 600/mo rent

In Lease states I have til dec. 19' to say if I want to buy home. I do not want to is what I told my landlord. I asked for my 25000 & 15000 back & he isn't giving it back.

Ronald J. Eisenberg answered on May 16, 2019

Given that you put $40,000 down and signed a contact and you stand to lose the entire huge sum, it would be a good idea to schedule and appointment with an attorney to review the lease and see if there might be some out for you. I hate lease-purchase deals because so often then end poorly.

1 Answer | Asked in Landlord - Tenant for Missouri on

Q: I own the house where my roommate lived. I asked him to leave and he complied. He left property here. What do I do?

I own the residence, and we have absolutely no written agreement whatsoever regarding his tenancy. I asked him to leave because of addiction issues and unpaid bills. He vacated the property and his family picked up his personal belongings, which I gave them without issue, even though he still owed... Read more »

Ronald J. Eisenberg answered on May 13, 2019

You cannot hold his property hostage but you could give a statutory notice of abandoned property.

1 Answer | Asked in Real Estate Law for Missouri on

Q: I need to know how to go about taking or proving that our contract for deed has been broken or if it's even leagal

Ronald J. Eisenberg answered on May 6, 2019

You should schedule and appointment with an attorney to review the contract and discuss why you question its validity.

1 Answer | Asked in Criminal Law for Missouri on

Q: At what speed does the Missouri highway patrol have to stop persuit

And knowing there are minors in the car

Ronald J. Eisenberg answered on May 2, 2019

I'm not aware of any statute that would require an officer to stop pursuit at a certain speed.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on

Q: What are some ways to list grounds on a habeas corpus writ to make it stand out?

I have heard that for a habeas corpus writ 2254 you have to list grounds in a way that it stands out to the judge for them to even pay attention to it what does this mean and how do I do this?

Ronald J. Eisenberg answered on May 2, 2019

There's no simple answer other than that most habeas petitions get denied and you'll increase your chances of success by hiring an experienced attorney with habeas experience to represent you.

1 Answer | Asked in Employment Law for Missouri on

Q: Is an employer allowed to offer me a job, tell me to put my two weeks in and never work me?

I applied for a company in the union. They gave me a hard hat and glasses and told me what I needed to buy and for weeks I texted my supervisor who kept telling me “you should start work this week” for weeks.

Ronald J. Eisenberg answered on May 2, 2019

The problem for you is that Missouri is an employment-at-will state. That means that had you been hired and started you could have still be terminated the next day simply because the employer changed its mind. For that reason, if you were to file suit you'd face a big obstacle in prevailing. I... Read more »

1 Answer | Asked in Employment Law for Missouri on

Q: Do these laws still apply if your jury duty is in a different state than the one you are employed in?

I work in Missouri but live part time in Kentucky. I was called for jury duty in Kentucky. I was told it's possible I could be exempt from jury duty, but I choose to attend. Does my employer have to give me the time off?

Ronald J. Eisenberg answered on Apr 27, 2019

Your Missouri employer cannot terminate you but isn't require to pay you for your missed work time.

494.460. 1. An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons.

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Missouri on

Q: Whether I should do a cease and desist order first or Sue for Defamation Of Character

I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from... Read more »

Ronald J. Eisenberg answered on Apr 27, 2019

I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.

Defamation cases in Missouri are generally not worth pursuing unless you...
Read more »

2 Answers | Asked in Contracts and Collections for Missouri on

Q: Can a lawyer in MO garnish someone in Kansas?

Ronald J. Eisenberg answered on Apr 18, 2019

It depends. Was the judgment issued through a Missouri court or a Kansas court? If it was a Kansas judgment, was the Missouri attorney counsel of record in the case? If it was a Kansas judgment, has it been registered here in Missouri? If it was a Missouri judgment, then a garnishment may be... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Missouri on

Q: What does a partition action entail?

Ronald J. Eisenberg answered on Apr 15, 2019

That's not a question that can be answered in a sentence or two. Not a lot of these cases get filed.

Here' a link to the rules about partition actions. https://www.courts.mo.gov/page.jsp?id=1019

1 Answer | Asked in Real Estate Law for Missouri on

Q: Can I petition the court to have my name removed off of the loan and title of my house?

I am wanting to sell my house but my ex-fiancé who is also listed on the loan and title refuses to sell. I have tried to refinance the home solely in his name but he is completely unreliable and doesn't follow up to get the process going. I want to sell because the home is no longer safe to be in... Read more »

Ronald J. Eisenberg answered on Apr 15, 2019

You are in tough spot. You could hire an attorney and file a partition action. But you don't have a right to get removed from the loan. The lender likely wouldn't have made the loan to only one of you and now would be foolish to release one of the two borrowers because doing so would increase... Read more »

1 Answer | Asked in Business Law for Missouri on

Q: As a Unit Owner, how can I force Board compliance of MO 448.3-108 when the Board and Management Company refuses

to provide unit owners with items on the meeting agendas (or meeting agendas) at all, stating that they do not have to.

Ronald J. Eisenberg answered on Apr 14, 2019

I don't know what legal basis they are providing for not following the statute. If what they are doing violates the statute, you can file suit to obtain compliance but that will be a costly endeavor.

1 Answer | Asked in Child Support for Missouri on

Q: How do I file a motion to terminate collection of arrears child support?

Their actions are illegal according to the 14th Amendment as well as a Supreme Court ruling Beardon vs Georgia.

Ronald J. Eisenberg answered on Apr 14, 2019

Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.

You may file any motion you want. If you want to seek modification, hire a local family law practioner.

1 Answer | Asked in Juvenile Law for Missouri on

Q: Can police officers stop my 15 year old son's while walking home from school and start questioning them ?

They stopped them and another boy and were asking them all kinds of questions and accusing them of them of breaking into buildings and doing drugs. I was not notified nor was I present when the officers did this.

Ronald J. Eisenberg answered on Apr 14, 2019

yes

1 Answer | Asked in Domestic Violence for Missouri on

Q: My boyfriend called the cops to get me on third floor or into heartland. They arrested me. I have mental disorders.

I black out. I have biploar disorder, anxiety, depression, add, ADHD. My boyfriend was just trying to help me and the cops arrested me and I was already in a blackout/mental breakdown. I hadnt been on my meds as my physcotrist died a month or so ago and that day I was going to get my medicine. I... Read more »

Ronald J. Eisenberg answered on Apr 14, 2019

Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.

1 Answer | Asked in Child Support for Missouri on

Q: if we are paying half the tuition which is more than child support do we still have to pay child support?

She will be living in a dorm.. Isn't that room and board?

Ronald J. Eisenberg answered on Apr 14, 2019

Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.

1 Answer | Asked in Animal / Dog Law for Missouri on

Q: Gifted dog to gf as she wanted it for Christmas. We now have parted ways. Am I financially responsible for this dog?

The girlfriend wanted a dog for Christmas. We are no longer dating. She is expecting me to pay for half of all costs associated with the dog. Am I legally responsible for this dog?

Ronald J. Eisenberg answered on Apr 14, 2019

The dog is considered her personal property.

1 Answer | Asked in Criminal Law for Missouri on

Q: Im wanting to get felony charges expunged/sealed so i can join military and persue a career in criminal justice.

Felony SES of assault, resisting, buglary, fraudulant use of debit/credit device. Its been seven years.

Ronald J. Eisenberg answered on Apr 14, 2019

Here's a thorough article on the new expungment law in Missouri.

http://missourilawyershelp.org/understanding-missouris-new-expungement-law/

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.