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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Employment Law and Tax Law for Missouri on
Q: Never received wages that my W-2 says I earned. Is this something I take to a legal department or the company itself?

I never received a paycheck from a place I worked for only one day and I assumed it was because I was still training. I just received a W-2 from them saying I did earn wages but I never received them despite setting up direct deposit. Who would I contact about this, some legal department or the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 26, 2020

A business’s legal department is the business itself. I suggest contacting the HR or payroll person at the business.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

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

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 10, 2020

www.justia.com/lawyers, www.mobar.org, www.martindale.com

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2 Answers | Asked in Employment Law for Missouri on
Q: Unpaid wages

I have been working with a property manager/owner that focuses on low income housing for several years as general maintenance. I am responsible for work orders for current residents, inspections from various housing agencies and City of St louis building division, leasing, and training/running new... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 10, 2020

Whether you are an independent contractor or an employee, it sounds like you are owed money. Your options are to try to get paid on your own, file suit on your own, or hire an attorney to try to get you paid or to file suit.

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1 Answer | Asked in Family Law, Personal Injury and Child Custody for Missouri on
Q: I want to sue for abuse of process

I was in a child custody case.

My husband passed away and his family legally by default got temporary custody and my daughter saying that I was a drug addict I was not a good mom because of my drug use. I had all clean UA's to clean hair follicles and they dismissed the case before trial... Read more »

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

Contact an attorney in your area, put down a substantial sum, and go for it.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have had liens placed on mine and my husband's home.

First of all the liens are approx 10 years old. Secondly, they are for credit card debt in only my wife's name. I would like to know how to get those removed. The property is in both our names and has been for 28 years in springfield missouri. The liens are from judgements against my wife. I was... Read more »

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

It sounds like you already received good legal advice. It the judgment has not attached as a lien, then there’s no lien to remove.

1 Answer | Asked in Civil Litigation for Missouri on
Q: How do I ask the courts to remove a default judgement from 2006 in which the SOL has expired and it's not been revived?

The judgement is from a car accident where I hit a rental with no insurance. I didnt go to court so I got a default judgement. I have no idea what I owe and my drivers license has since been suspended. So this in return has cost me a lot of legal trouble. I'm supposed to be paying an attorney of... Read more »

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

First, if your attorney won’t return your calls hire a different one, assuming you can pay.

Second, I’m not sure what you mean by “remove” the default judgment. If you seek to have it removed from appearing on Casenet, that is not likely to happen. If it was a default judgment...
Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Missouri on
Q: How long after everything is finalized do you have to comply with court orders?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: What is a legal eviction? And how many days do you have to leave the property?

I was working for this company for 2 and a half years. At first I was just a kennel tech 8.50/hr when i first started. Few months later they made me kennel manager and on salary for 650.00 till just recently I got fired. Being kennel manager they let me get the house that's on the property. At... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

A "legal" eviction requires a court case and judgment against you before the landlord can have the sheriff execute on the judgment and return possession to the landlord. It sounds like you were given a notice to vacate from the landlord and that the landlord will likely file suit if you don't... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: He shipped November 24th. They received him November 25 . He passed December 11. He took him to the vet on Nov 30.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 23, 2019

The buyer might not have a good claim for breach of contract but could sue under the Merchandising Practices Act, but, in short, would need to prove that you made a misrepresentation or failed to disclosre a problem witht the animal's health.

2 Answers | Asked in Civil Litigation, Products Liability, Agricultural Law and Animal / Dog Law for Missouri on
Q: I sold a pup to an individual in FL it shipped to them after it arrived it got sick and passed. Whats my liability?

I have a 10 day no death guarantee. He received the pup on 11/25 he took to the vet 11/30 puppy passed 12/11

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 22, 2019

Sounds like it would depend on when the dog died.

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1 Answer | Asked in Employment Law for Missouri on
Q: I have an issue with my current employer which has made working there stressful on me.

I have an issue with my current employer which has made working there stressful on me. I have put in to leave at the end of April but want to leave sooner. My question is on asking for a severance package. While it would be hard for me to prove unpaid overtime, I am sure the company knows since... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 21, 2019

If you believe you are entitled to unpaid overtime then raise that issue.

Your other issue is whether you ought to try to engage in blackmail. That’s your call but you may find yourself looking for good criminal defense attorney.

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

On that form, the defendant is the respondent. The person or company being served the garnishment is the garnishee.

I hope this answer helps you get your money.

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1 Answer | Asked in Criminal Law for Missouri on
Q: What's the law on writing a statement on yourself while under the influence of meth?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

I'm not sure what you mean by "a statement on yourself."

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Is it illegal for a 28 year old man to date a 18 year old girl?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

No. The 18-year-old is not a girl but rather a woman.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Missouri on
Q: Can a criminal intelligence investigator tell me that they have a investigation on me and that they have built a case?

He also said he was investigating me for 22 days and built a case and closed my file and is turning it in to the PA and that charges will be filed.

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

What's a "criminal intelligence investigator"? Make sure this isn't a scam.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I record a phone conversation in missouri and it be permissible in court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

It could depend on who was on the other end and if that person is a party to the suit and whether you provide that it is authentic and whether you overcome any hearsay objection.

1 Answer | Asked in Consumer Law for Missouri on
Q: Does the state of Missouri have protections for consumers victimized by contractors?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).

The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:

1. The act, use or employment by any person of any...
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