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

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

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

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

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

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

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

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

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

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

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

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

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

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

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).

Absent an employment contract with an arbitration provision that prevents such a lawsuit, you can sue for defamation. Defamation cases in Missouri are difficult and expensive. If you are willing and able to pay an attorney by the hour and can prove actual damages--an essential element of a... View More

Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More

The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

If you two are not subject to a written lease, then you are on a month-to-month tenancy and your landlord. If you are both considered tenants, then one tenant cannot kick the other out because the right to be there is a right conferred by the landlord.