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Questions Answered by Ronald J. Eisenberg
2 Answers | Asked in Collections for Missouri on
Q: HAD A DORMANT JUDGEMENT DATED 2012, RECEIVED GARNISH THIS WEEK, HASNT TIME TO COLLECT RAN OUT?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2020

I judgment from. Missouri state court lasts 10 years from entry. A payment on the record in the interim automatically revives it as well.

You didn’t provide enough information for me to opine on whether the garnishment was issued on an expired judgment. If so, consult with an attorney...
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1 Answer | Asked in Employment Law for Missouri on
Q: Can an employer ban an employee from dating a former client?

I use to train at this gym, but I left and ended my contract with them. I then signed with another gym. The old gym had a no dating client rule. One of their employees and I fell for each other. I haven't been at that gym for over a year, but can that employee still be fired for dating me?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 28, 2020

I'm aware of no state or federal law that would prohibit such an employment policy.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, & I was going to let... Read more »

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

By the time your landlord sues you and the court assigns a hearing date your lease will have likely lapsed.

Your landlord would need to prove that you breached the lease terms to prevail in a lawsuit. It's not good to get sued, even if you win, however.

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1 Answer | Asked in Civil Litigation for Missouri on
Q: Objection to adding third party

How long do I have?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 17, 2020

Depends on the court. Depends on any scheduling order that has been entered. Depends on whether a hearing has been scheduled. Depends on whether your opponent can add a thrid party as a matter of right. How's that for a lawyerly answer?

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've signed and 3... Read more »

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

The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue in small claims court... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 14, 2020

In hindsight, you should have required that the deposit be placed in an escrow account. If the contract entitles you to a return of the deposit, then you are entitled to it right away. As the other attorney stated, you might need to sue to get it. In my opinion, small claims court is often a... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.

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

A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Missouri on
Q: Do I have to sign a new lease under property manager for apartment I've lived in 8 yrs under the same lease by landlord?

property manager lied to landlord stating I am 3 mos. behind to get me evicted when I owed Feb. rent of $525, $25 for Jan., and $10 from October. I knew I owed Feb. rent because it was 13 days late with $10 a day late fee. I paid it all in their office, Feb. 14. Was handed 30 eviction for refusing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 1, 2020

You didn’t state when the current lease term ends. Here is what matters:

1. Is the lease term ending soon? If so, that’s all that really matters. A landlord isn’t required to renew a lease or enter into a new lease with you.

2. Are you in breach of the current lease?...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is there a legal time limit for a landlord to charge and notify you of damages that need to be paid by the tenant? i

I moved out 6 months ago and am only now receiving notification of payment for damages due and have only a week to pay

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

The security deposit statute governs withholding of the security deposit for damages but it does not prevent a landlord from suing for damages. I don't know what you mean by saying that you only have a week to pay. According to whom and what will happen in a week?

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: How can I get evicted under RSmo 441.060 section 4
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

I don't follow your question. Here's the statute you referenced, but you included no facts in your question.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Hi, I have been dealing with slum lords who have neglected damages done from water leaks and mold/mildew. I need help

My kitchen sink and dishwasher has been pouring into my walls and causing extensive water damage. Flooded carpets, mold growing everywhere..etc. I've asked for them to repair many things and they come "look" at the problem and just leave saying they will be back to fix it.. I've had problems for... Read more »

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

I am sorry to hear about your bad situation. This is a question-and-answer forum however and you didn't ask a legal question. Based upon what you've written, I think you'll need to decide whether to pay an attorney to represent you or to continue dealing with the landlord on your own.

1 Answer | Asked in Civil Rights for Missouri on
Q: Am i able to request a copy of a deposition from the other side? From my lawyer?

It is a mal practice case

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

If you have a lawyer, request it through your lawyer. Typically, each party pays the court reporter for a copy of the deposition transcript. That's how court reporters earn a living.

1 Answer | Asked in Employment Law for Missouri on
Q: My employer stopped payment on my final check now I owe money that is rightfully mine. What should I do?

(I recived my final check from my ex employer. I took the check the same day to a check cashing place and cashed it. Today the check cashing place called me and told me that my ex employer had placed a stop payment on the check and I owed them the money back plus fees. We are paid for current week... Read more »

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

Your post is unclear because you don't explain why the employer is claiming you owe the employer rather than vice versa. Therefore, it is hard to assess whether you owe your former employer or vice versa. For example, if the the check was to cover more than days you had worked, then I could... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: I had 5 yr contract for games equip when I went to cancel they said u have auto renew of 5 more years. Can I be sued?

Former partner signed 5yr contract. I honered the entire 5yrs. I tried to end contract when 5yrs were up but they say since i didn't give 30 day written notice they are suing me for liquidated damages plus attorney fees, etc. They said there was auto renewal unless written 30 day notice. I didn't... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 24, 2020

That's a lot of money. I suggest you schedule a consultation with an attorney. The attorney can then review the entire contract and give you legal advice. An attorney could also help negotiate with the opposing counsel if that is something you desire.

In general, liquidated damages are...
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1 Answer | Asked in Contracts for Missouri on
Q: Can i tear out a piece of concrete that i poured if the contractor doesnt pay me
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 20, 2020

You can sue the contractor or file a mechanic’s lien. Trespassing and tearing out the concrete is a dangerous strategy.

1 Answer | Asked in Consumer Law and Business Law for Missouri on
Q: I live in Missouri. I hired an electrician from Arkansas to re-do all the electric in my campground 9 months ago. I have

Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?

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

First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: Within a promissory note in the state of Missouri, are they able to make it non-disclosure that I cant share with anyone

Non - disclosure meaning I cant share it even with my close family members let alone attorneys?

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

I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.

1 Answer | Asked in Contracts for Missouri on
Q: My wife signed an agreement to a backup offer without my consent. Are we able to cancel our backup offer?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2020

You didn't indicate whether this was a real estate contract or something else. Regardless, you ought to have an attorney review the contract and assess the facts in order to give you meaningful advice. You are better off spending a little money for a consultation now than thousands in defending a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I was serves Missouri notice to Quit today for lack of payment. I miss one payment. March 30, 2020 is my last day.

Make this month mortgage payment. The notice said I miss two payment. I have prove that I make payment.

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

You didn't ask a question. It sounds like you ought to hire an attorney to communicate with the other side if you cannot do so effectively on your own.

2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal for a Missouri employer to refuse to pay time and a half overtime to a non-exempt employee over 40hrs/week?

The position in question is an office receptionist, non-salaried at no more than $600/week, not managerial or administrative. I need help finding the actual statute that shows what this law is currently.

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

Here are two Missouri statutes. Because of the attorneys' fee provision, you could probably find representation easily if you have a solid claim to make.

290.505. Overtime compensation, applicable number of hours, exceptions. — 1. No employer shall employ any of his employees for a...
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