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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
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
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
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
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
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
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
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).
My former employer wrongly filed a report of child abuse against me and it caused me to lose a different job
answered on May 14, 2024
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
The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More
answered on Apr 30, 2024
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
Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More
answered on Mar 24, 2024
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
Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More
answered on Mar 12, 2024
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
Everything in the house is basically mine the internet is in my name but the utilities is in her name
answered on Feb 15, 2024
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.
I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?
answered on Feb 15, 2024
Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.
My former employer has posted on Facebook that I’ve stolen money from them with no evidence, no proof, no charges filed, and no police investigation of any type. They posted on Facebook and asked the members of the community to come forward if I have done any work in their vehicles and have them... View More
answered on Jan 14, 2024
You should schedule a consultation with a Missouri attorney. Defamation cases are tough in Missouri. To succeed, you’d need to prove that the statement was not only false and not privileged, but also that you suffered actual damage as a result. The unpaid wages is a separate issue. $40k is a... View More
Nov '22 owner connects me with rent to owner from her and i sign a lease for commercial property, aug and sept he asks me to send rent direct to owner . nov i am told by ower that he is out and i need pay her. i ask for paperwork showing he is out and a lease agreement she sends lease but... View More
answered on Jan 2, 2024
You didn't ask a specific question, but it sounds like you need to hire an attorney. In order for your landlord to force you out tomorrow legally, there would need to have been a lawsuit filed, a judgment entered, and action by the sheriff. My guess is that what you received is merely a... View More
Home was condemned in February , I renewed a lease in September. I had no clue or wasn't given any type of notice of the condemnation. Code enforcement officials said that unfortunately i was stuck in the middle ect. My question is am i able to sue him for the time that it was condemned... View More
answered on Dec 3, 2023
You could sue to recover your actual damages. You could seek the return of all rent paid. On the other hand, you lived there and for some time received some benefit for your money. You could also sue for damages resulting from having to vacate early and perhaps paying more rent in a new place.... View More
Me again, I am wanting to know if a landlord can be sued for loss of property , and or emotional distress. Back story is signed a lease on a condemned property and was not able to get any property , all of it was thrown a way. Obviously this was a sudden thing, and a very traumatizing event that i... View More
answered on Dec 1, 2023
A landlord may be sued for breach of lease or for a tort claim.
I am confident that if you are willing and able to pay an attorney by the hour, and assuming your situation has merit, you will be able to find an attorney.
You can discuss with that attorney emotional distress... View More
I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".
answered on Nov 26, 2023
In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they... View More
I renewed a lease after the home was condemned, but was never notified the home was condemned by the city nor the property owner. The city said I was just "stuck in the middle" and its all the property owner fault because technically with a condemnation they don't have to give... View More
answered on Nov 17, 2023
I am sorry to hear about your situation. You can likely sue your landlord for breach of the implied warranty of habitability. You will need to decide whether it is worth paying an attorney by the hour to go after your landlord. if your landlord allowed the property to be condemned, he might not... View More
A person off the street ask an employee about our personal information at the bank and the employee told them everything and they in turn spread it all over town, and we signed a letter stating everything was confidential.
answered on Nov 13, 2023
This isn't defamation. Defamation requires a false statement that damages you. You could sue for something else, but unless you've been financially harmed, my guess is that it won't make financial sense for you to pay an attorney to file suit for you.
Landlord also left property decapitated and knew mold was present
answered on Aug 25, 2023
If you pay rent and are not subject to a written lease then you are on a month-to-month tenancy terminable upon 30-days' notice by your landlord. Therefore, the short answer is "yes."
Whether the property has mold is not relevant to the landlord's right to terminate a... View More
Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More
answered on Aug 13, 2023
I agree with Mr. Pennell about the dangers of co-signing.
For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd... View More
My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More
answered on Jun 23, 2023
If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More
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