Questions Answered by Ronald J. Eisenberg
Q: Can I be sued for something after closing for something I didn't know about?
This mobile home is in Missouri, and was inspected and appraised prior to closing.
You can indeed. Anyone can sue anyone for anything. The outcome of the case will depend on the merits as well as what you do to defend the lawsuit. Homebuyers frequently sue sellers for failing to disclose problems. I'm not saying that you did anything wrong, as I don't know the facts, but an... Read more »
Q: How do I look up a labor lawsuit that I was a payee of?
I used to work for a restaurant that got sued for a labor law infringement and I don’t know what law firm was hired on behalf of all plaintiffs in the case. I should have received my settlement by now, in the mail, in the form of two checks. Where is it?! How do I find out what the total... Read more »
For federal suits check Pacer. For Missouri state court check Casenet.
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $
Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »
An option to consider is having them sign a confession of judgment that states you will hold it an not file the document so long as they are honoring their payment plan. There is a Missouri statute that your attorney should follow. Regardless, you cannot have a garnishment issued unless you sue,... Read more »
Q: Should I sue if an employee of a company slandered my name to fellow co workers and also my fiances father?
The woman stated I made a scene hit a glass window and pretty much blew up on her when I simply asked why the woman in front of me wasn't asked for her identification when I was I stated I was a regular there and when the lady told me if I didn't look 27 they had to its the law I said whatever and... Read more »
You put your question under the libel & slander category but you’ve not described any defamatory statement.
Regardless, not every wrong warrants a lawsuit. I doubt you’d want to spend thousands of dollars hiring a lawyer to bring the lawsuit that you envision.
Q: We just closed on a house last Friday. Tuesday we started having AC issues, so we called HVAC. They told us that while
In the crawl space they noticed major issues with our furnace. Most major issues are that the sellers lied that it was new, it’s not compatible with natural gas (which is what we have) and that it’s not even hooked up therefore isn’t working for heating. We did the inspection ourselves as we... Read more »
On Monday, contact an attorney who has litigated failure to disclose cases. You could assert a claim under Missouri's Merchandising Practices Act, which is a strong consumer protection statute.
This link might be of use to you.... Read more »
Q: If I sign a contract for a show dog, how much right does the seller have over the dog after the sale?
Unless the contract states otherwise, most likely none.
Q: Is my title company my advocate if it is holding monies paid by the seller before closing?
The seller gave the title company monies to hold for the install of a septic system to be done after we closed. A company, Earth 1st., came, did the work and left without talking to me. I called them a week later to ask them when to expect them to come to finish the work and was told they were... Read more »
Unless the parties come to an agreement to release the funds then the title company will eventually file an interpleader action, deposit the funds into the court, and let the court decide. The title company will get its fees covered, however. I don’t know how much money is a issue. If it is... Read more »
Q: My landlord is evicting me you lied on court papers
I am disabled I'm assuming my landlord is evicting me because I wanted him to make repairs he lied on the court papers and said I hadn't unauthorized dog but she is on the lease and I've been paying $25 a month to keep her
All you need to do is defend the case and make sure the landlord doesn't carry his burden of proof at trial.
Q: Ex refuses mediation and doesn’t think he needs to follow the rules since he is an attorney.
My ex-husband is impossible to coparent with. He is very vindictive and still angry that I left him after he assaulted me. I have been trying to discuss things with him like my son‘s preschool etc. because there are many things that I feel would be in the best interest of our son that he chooses... Read more »
If you cannot convince your ex to act in the way you desire and you believe he is violating the judgment of dissolution or parenting plan, your only viable option is to hire an attorney. Your ex might practice in front of more than one of the judges on the court, but you could have taken an... Read more »
Q: My nephew lives with my mother in a house I purchased. He pays for nothing. What will it take to get him out?
My mother pays for insurance and taxes only. There is no rental agreement for my mother or my nephew. My nephew receives mail at the house, is there some implied agreement? Mom health is failing, what will it take to get him out if he refuses to go when the time comes?
Consult with an attorney about filing an unlawful detainer case.
Q: WAY TO MUCH FORUM WONT ALLOW
many more in adition to jan reports
Please clarify your question. I have not idea what you mean by "jan reports."
Q: I am being sued by a credit card company. I work out of state and will not be available for the for the court appearance
Can my lawyer appear for me in the state of Missouri?
Yes, a lawyer may appear for you at the initial call docket hearing so long as the lawyer is admitted to practice law in Missouri. My answer is based on the assumption that the case is not set to be tried on the next court date. If it is, and if you plan to testify, it would be wise to be there.... Read more »
Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?
Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?
In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any... Read more »
Fortunately what you propose would not be enforceable. It takes a judgment to garnish wages and due process requires notice to the defendant. Under your theory, a plaintiff could file suit 10 years past the statue of limitations and the defendant could do nothing about it. Or worse, under your... Read more »
Q: Do you need to disclose a drainage problem that occurred (and was repaired) on the common ground behind your house?
The hill behind our home had a drainage issue that led to a "slope slip" (ground movement). The construction crew needed to use our property to access the hill but there was no damage to our property or home from the issue, only from the construction equipment. Everything has since been completely... Read more »
If you sell your property and get sued later for failure to disclose, you'll wish you had made the disclosure.
The specific answer to your question, however, will depend on the language of the disclosure form. Have an attorney review the relevant documents if you want to obtain informed... Read more »
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?
I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »
You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.
Q: We are renting a townhouse and the garage door won't stay closed. Can we terminate the lease?
Our garage door will open in the middle of the night on its own. It will also open while we are gone for the week/weekend and stay open for days at a time without us knowing. We have told our landlord of the issue 3 times in 2 months and it still isn't fixed. They had their maintenance person come... Read more »
I should publish an article on this type of question because it comes up so often. I don’t mean the garage door issue but rather a tenant who is upset about the condition of the premises and wants to terminate the lease.
Here’s my answer.
1. If you and your landlord can... Read more »
Q: How do I initiate a hostile land grab
Your post is unclear. If you are inquiring about how to file an adverse possession lawsuit, I suggest you get a survey done and hire a good real estate attorney.
Q: If I need a landlord tenant lawyer but I can't afford to pay for the attorney out of pocket. What are my options
My landlord is in breach. But I don't have enough money to pay for the attorney myself. But I need help
If you are being sued and lack funds contact Legal Services of Eastern Missouri. If you want to sue your landlord and lack funds, either file suit pro se or find a friend or relative to pay your legal fees (unlikely) or borrow money to pay an attorney. I hope everything works out for you.
Q: I struck a pedestrian with my vehicle and he has passed away. Can I be charged?
He ran out in front of my vehicle. He was not in a crosswalk. I later found out that he had been drinking
You can indeed. It sounds like you have some defenses.
Q: Hello my landlord is taking my husband and I to court and the judge continued our case and said we need to file a
Counter suit but the court clerk said they don’t have the forms for me to do so. She stated “you’ll have to do some research and find it yourself” where would I find this information? Also since we are counter suing for uninhabitable living conditions is the landlord allowed to come finally... Read more »
There is no custom-fit form. You’ll either need to hire and attorney or educate yourself as best you can and be at a big disadvantage of your landlord is represented by counsel.
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