Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Ronald J. Eisenberg
2 Answers | Asked in Collections for Missouri on
Q: Am I liable for a loan written off in 2020 now being sued by collection in 2025?

In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 7, 2025

If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.

Mo. Rev. Stat. 516.110. What action shall be commenced within ten...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Missouri on
Q: How to handle eviction after paying full balance in MO?

I am facing an eviction even though I have paid the full balance due. A writ for possession of my property was filed on March 31, 2025, but I had already paid the balance owed when judgment was made back on October 4, 2024. I communicated this payment to my landlord via text, along with a photo of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 2, 2025

Without reviewing the docket it wouldn’t be possible for an attorney to provide you with an informed assessment. If the judgment were a default judgment then perhaps a motion to set aside default judgment and quash the writ could be filed. It seems odd that the landlord would have waited many... View More

View More Answers

2 Answers | Asked in Collections and Civil Litigation for Missouri on
Q: Can a credit card company place a lien on my car for debt if they sue me?

I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 1, 2025

If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Missouri on
Q: How long do I have to remove my belongings from a foreclosed property in MO?

I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More

View More Answers

2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for Missouri on
Q: Do I have a case against a dealership in Missouri for costly repairs after initial work on my Mercedes?

I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 26, 2025

You "have a case" if you file one. Whether you'll win will depend on a variety of factors.

In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: Seeking guidance on being sued for negligence in house disclosures in Missouri.

I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 19, 2025

Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Is my lease void if landlord's mortgage forbids leasing?

My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2025

It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More

View More Answers

1 Answer | Asked in Collections and Gov & Administrative Law for Missouri on
Q: How to proceed with 10-year-old payday loan judgment in MO?

I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2025

I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.

The issues for the court to determine are (1) was the motion to revive the judgment FILED...
View More

1 Answer | Asked in Personal Injury and Civil Litigation for Missouri on
Q: Disclosure of subpoena names and deposition locations in MO personal injury case

I am representing myself in a personal injury case in Missouri and have issued subpoenas to prove a disputed point. I need guidance on whether I have to disclose the names associated with these subpoenas to opposing counsel, and where I can depose the witnesses. Can someone advise me on this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 21, 2025

My recommendation is that you hire an attorney. PI cases are complicated. Attorneys who practice this area of law do so on a contingency basis. If you have a solid case and significant damages you should be able to find an attorney. If you have contacted many PI attorneys and none will take the... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.

Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended...
View More

View More Answers

1 Answer | Asked in Personal Injury and Internet Law for Missouri on
Q: "I would like to know if I can sue for defamation.

. Someone falsely claimed on Facebook that I slept with multiple people and gave them an STD, accompanied by degrading comments and a screenshot of my profile and posts. This has directly impacted my personal relationships and employment, but I have no way to contact the person to ask them to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2025

You certainly may sue for defamation. Some considerations are:

1. Can you identify the defendant and locate the person? You'll need to get a summons served for the court to acquire jurisdiction.

2. Are you willing and able to spend thousands of dollars litigating? If you...
View More

1 Answer | Asked in Civil Litigation, Collections and Real Estate Law for Missouri on
Q: How to remove satisfied judgments from my record in MO?

I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2025

If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: I believe my case from 2019 is still in litigation. Nothing has happened since COVID. My lawyer is retired. Help?

In 2019, my husband's disability did not come thru one month due to their error and it caused us to be behind 1 month house payment. We owner financed a home for 11 years and the owner passed suddenly. The grandson came in and after being late less than a month, he made all kinds of false... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2025

If you care about the case, contact a local attorney to take over the case. Attorneys may not solicit through Justia.

You can view the filings on Casenet. I doubt that your attorney simply retired without filing a motion to withdraw. You need to take some responsibility in being...
View More

1 Answer | Asked in Collections for Missouri on
Q: Is a garnishment legal if the paperwork was not physically served to the one being garnished and the garnishee?

Paperwork was left in my mailbox, and left at reception desk at my employers hr office. Not only that the address is the same as mine but the name on the paperwork is xx and my name is xx. Doesn’t HR have to answer some kind of questions b4 following through?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 10, 2024

The garnishee (employer) must answer the interrogatories. I see no reason while your employer would want to spend money challenging the propriety of service. You are free to file a motion to quash the garnishment and schedule a motion hearing but my hunch is that you’ll lose. Even if the... View More

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
View More

1 Answer | Asked in Collections for Missouri on
Q: I live in missouri, i was served a couple weeks ago by a 3rd party debt collector, I filed an answer and mailed it to

i mailed it to the lawyers and i filed it with the court house, however I missed the court date and a decision was made against me. can i appeal that also there is an arbitration clause on my original debt

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Hire an attorney familiar with motions to set aside default judgments. You’ll need to show “good cause” and a “meritorious defense.” Pro se litigants regularly fail to file compliant motions. Hire an attorney if you can afford one. After the judgment set aside you may move to dismiss... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: a Missouri real estate agent sold us a property with a new septic system in the contract. There is no new septic system.

A Missouri real estate agent sold us a property and a new septic system was in the contract. They failed to provide a new septic system and the one we have is failing. The agent sent a text with a list of pending repairs that included a new septic system. All of these repairs were to be finished... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 19, 2024

Hire an attorney to review the contract and provide an assessment. The fact that you unwisely waived the walkthrough may present a problem.

Make sure the attorney is familiar not only with real estate law but also Missouri’s consumer protection statute, the Merchandising Practices Act (MPA).

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.