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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Civil Rights and Civil Litigation for Missouri on
Q: Do I have a civil case if a Walmart employee committed a crime against me (meaning Walmart did not create a safe environ

I paid $350+ for a Walmart Grocery pickup order. One of the employees there got into a very heated conversation with me and said "I'm gonna F**K you up, you B***H F****T " among other things. Ultimately, I was never given my order and I had to just accept the abuse.

I think... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

I’m sorry that you were subjected to such unprofessional treatment. You ask if you “have a case.” You have a case if you sue and have a case number assigned.

Given that your actual damages would be tough to calculate and it doesn’t appear that you were physically harmed, you are...
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1 Answer | Asked in Civil Litigation for Missouri on
Q: I signed a Liability Waiver but the damage is still occuring do is the company still liable?

I had a HVAC unit installed via a grant program, the subcontractor upon install did the following:

Did not ground the unit properly which caused my dog to be shocked to death

Unit went on emergency mode and blew 97 degree temp heat out and was not able to shut off, so I had to put... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

An attorney would need to review the contract. Even if you couldn’t pursue a claim for breach of contract, Missouri’s consumer protection statute, the Merchandising Practices Act might be an avenue for legal relief.

1 Answer | Asked in Collections for Missouri on
Q: Can an entity sue me for medical debt if I'm not the guarantor?

I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 20, 2020

The legal theory under which you could be held liable is the "doctrine of necessaries."

Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire....
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1 Answer | Asked in Collections for Missouri on
Q: What are my options for a hospital bill law suit
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 18, 2020

Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.

Which option makes most sense will...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can u be charged with burglary in the 2nd degree if someone at wal mart steals that's with u
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 9, 2020

Of course you can be charged. Based on the post, I suspect that has happened. Whether someone ultimately gets convicted is another issue. Time to hire a criminal defense attorney.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Who is the owner of a snake if it was gifted but original owner has receipt and wants it back after a year 8 months?

My daughters mother purchased an exotic snake valued around 1k. She wasn't allowed to keep it at her home and she asked if I would raise it for a while. After about a year she said I can have it. 8 months after that she claims she never gave it to me and she wants it back. I refused because... Read more »

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

Yes, you have a decent shot at winning. The outcome will depend on whether the court believes that the snake was a gift. If so, you win. If not, you lose. It's a matter of credibility.

1 Answer | Asked in Contracts for Missouri on
Q: Can a board fire the professional management company and take over the duties of managing the money and work themselves?

I live in a condo association in Missouri (164 units) with monthly fees, managed by a professional company and a newly elected board. They are going to end the 3 year contract with the professional management company early (with 1 year remaining) and take over all the duties without a vote or... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2020

Read your indentures and rules and regulations. I doubt that those documents require the hiring of a third party management business.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Is this slander?

I was at work clocking in at our time clock, when one of my coworkers was talking very loudly about a situation that happened that morning that involved me ,but not her, she was speaking to our boss very rudely about me, cursing telling him that I was bitching and shouldn’t have talked to another... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 5, 2020

Defamation cases in Missouri are difficult and expensive.

You haven't identified anything said that was objectively false (as opposed to opinion). Someone saying that you were "bitching and shouldn’t have talked to another person in a certain manner" is a statement of...
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1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: An online store underpriced an item and I bought several, are they able to make me pay more money or give them back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 2, 2020

An attorney would need to review the terms of sale. Relevant considerations would be the contract terms, which state's laws apply, and whether there was a mutual mistake.

1 Answer | Asked in Adoption, Animal / Dog Law, Personal Injury and Small Claims for Missouri on
Q: A dog was hit by a random person infront of my home didn’t have chip or collar so took to vet told them we were adopting

Paid 1,000 dollars owner came forward doesn’t have proof of ownership get gave dog to owner but I can’t get my money back or the dog that I said I was adopting and didn’t ask for proof of ownership what do I do

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 2, 2020

I don't believe that you have a cognizable claim to file. Missouri recognizes the "doctrine of necessaries" as to a married couple, i.e., if the medical services patient received were necessary and patient maintained no separate assets, one spouse would be liable for the reasonable... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: I recently purchased a 3 bedroom home in St. Louis County. I was informed after closing that it is a 2 bedroom.

It has a lower level finished basement with bedroom, now needing an egress window. My resale value down. Home was remodeled in 2012 and listed/sold 3 times as a 3 bedroom, until it was brought to my attention Any recourse for this misleading listing? Thank you

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 29, 2020

Potential recourse would be a case under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA allows the court to award attorneys' fees to the prevailing party. Therefore, some attorneys will file MPA cases on a contingency basis rather than charging you... Read more »

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1 Answer | Asked in Civil Litigation for Missouri on
Q: I bought tickets to a rock festival that was moved to a new venue due to Covid. The event organizers offered a refund.

But now the event organizers are saying that the ticket company is responsible for refunds. They are simply passing the buck. Please advise.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 18, 2020

You have to determine the party with whom you contracted.

1 Answer | Asked in Contracts for Missouri on
Q: Am I still obligated to buy?

I signed a contract to buy a property, then made a counteroffer which was accepted. Now the owner must pursue a quiet title and has not signed the extension of the closing date. Am I still obligated to buy?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2020

Your contract controls. If you are not clear as to its interpretation then have an attorney review it. I suspect it calls for the seller to convey clear title.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Went to court last Wed., 9/30 And was evicted. Mo. has no protections. Fed. Level, what can be done to reverse/ext

Was not served legal docs by any agency. 10/14 have to be out. Person on sumons FTA

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

If the summons was posted then that is good service for entry of a judgment against you for possession, but not for money damages. If service was truly invalid then you can hire an attorney and file motion for relief from void judgment and a stay of execution.

1 Answer | Asked in Traffic Tickets for Missouri on
Q: Is my summons dated 10/19/19 still within the statue of limitations?

I received a summons for failure to proceed with caution from the MO HP on 10/19/19 and I plan on fighting it if necessary. I just received notice for a court date in February 2021. Will the statue of limitations have passed prior to my court date and if so, how do I go about getting my case... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

Your summons is timely. I suggest you hire an attorney to try to get the matter settled as a no-point, non-moving violation so that your insurance rates do not increase. Or you could defend the case on the merits if you are confident that you will prevail.

2 Answers | Asked in Real Estate Law for Missouri on
Q: My husband and I are wanting to walk away from a home we were wanting to purchase after the 2nd inspection failed.

They failed for electrical and plumbing. We were supposed to close a day later. The seller claims everything is now fixed before closing but they made this same claim before we paid another 100.00 for the 2nd inspection. What can they get from us as they say they will sue us? We put no money... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

They could sue you for specific performances to make you purchase the home or they could put the home back on the market, eventually sell to someone else, and sue you for the difference in your price vs what they end up receiving, plus holding costs, plus interest and probably attorneys fees. You... Read more »

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1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: is it illegal to keep my name on business loan of business I was bought out of?

my husband sold his part of a business to other partner but his name was on the business loan and was not removed and he also had life insurance policy used as collateral on that loan in his name only at this business. He died of cancer and that life insurance policy in his name only was used to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 8, 2020

My condolences for the loss of your husband. The buyout of his interest was a contractual obligation. If you are uncertain, have an attorney review the contract to see if it required the other party to refinance the loan so that your husband was no longer a guarantor. It’s not a matter of... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: ok my question would be about a factory that has things going on at work that makes people call the place whoreville usa

there is sexual things going on, my boyfriend of 4 years apparently is having sexual relations with some little slutty girl that works there. He is not married but that didnt stop it from hurting me terribly. Apparently he has a boss in there that is married and still goes and does things with a... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 2, 2020

I see no basis for a civil suit against that business. The better option might be to find a faithful boyfriend.

1 Answer | Asked in Real Estate Law for Missouri on
Q: What can happen if a seller doesn't move out after closing?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 30, 2020

File suit for breach of contract and unlawful detainer.

1 Answer | Asked in Employment Law for Missouri on
Q: Missouri. Employee gave resignation for 4 weeks. Co policy 2 weeks. Do I have to keep him 4 wks? Can I let go in 2 week

Don't need to keep him 4 weeks. Would like to have in gone in 2. Is this legal since he gave 4 weeks notice?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 30, 2020

You are probably okay but you should have an attorney read your employment contract before firing the employee.

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