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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued from a debt and collection agency please do you know if I’m between jobs but the job I had paid alot??

What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.

If you don't show up at court a default judgment will be entered against you. If you are served, either show...
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1 Answer | Asked in Collections for Missouri on
Q: What is a creditors rights and what is mine n court.I am being sued I live in Perryville Missouri
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.

1 Answer | Asked in Collections for Missouri on
Q: How long are judgements good for?

In 2013, I got a judgement against me for a $900 credit card with an accuring interest and court costs. At the time, I was making $4.00 hr as a server, a single mom of 2 and going to college. I tried telling the attorney I could only pay $25 a month. He insisted on $50. Shortly after the judgement... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Missouri judgments last for 10 years unless revived sooner or there is a payment reflected on the record I’m not sure if your two payments are shown on the record. If so, that automatically resets the clock. A small claims judgment is not a lien on real estate but the title company still... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Education Law and Internet Law for Missouri on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she didn't know I was cc'd) with three employees I don't knit l know, misrepresenting themselves as the President of ASU.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2022

All I can discern from your post is the your child was the victim of some sort of discrimination based on sexual orientation and that you cannot afford to pay an attorney by the hour to represent her. I suggest you contact some attorneys who handle discrimination matters and see if anyone would... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2022

It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... View More

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Small Claims for Missouri on
Q: I was fired from my job without explanation and without witnesses. I received my termination agreement 4 days after

asking for it several times, and which included paragraphs holding the co. harmless re: age discrimination and other things. This was not discussed at the termination nor covered in the Employee Handbook. They are holding my last promised pay until I agree to this. I have email trail. Missouri is... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 14, 2022

Attorneys are not allow to solicit business through their responses on Justia. You'll have to reach out to an attorney directly.

There is a good Missouri statute on unpaid wages but it must be followed strictly in order for the clock to start ticking on the employer. Some attorneys...
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1 Answer | Asked in Libel & Slander for Missouri on
Q: How to sue someone for injury of tort in Missouri?

Someone is using the court system with false statement s to emotional and mentally hurt me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 25, 2022

The litigation privilege is an absolute defense to a defamation claim. Depending upon the facts you might be able to sue for abuse of process or malicious prosecution if the case ends in your favor. Hire an attorney for a consultation.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Missouri on
Q: I signed a 90 day contract with my temp agency to work at a job site. I worked over a year then termination.

I never received and benefits and I never received the sign on bonus that was promised after being hired after 90 days. They hired new employees and kept me as a temp and then made me do a background check to keep my temporary job. then used it to terminate me. Can I take them to court for the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 20, 2022

Sorry to hear that the employer did you wrong. Absenet a binding arbitration agreement in your contract you may sue in court. I suggest that you have an attorrney review the contract and assess the situation. For employment matters, attorneys sometimes represent clients on a contingency... View More

1 Answer | Asked in Collections for Missouri on
Q: I've been served a garnishment without a judge or sheriff's deputy or going to court is it legal

Thus attorney signed his name and gave this unsigned legal document to my job for an car dept 17 years ago.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 9, 2024

Hire an attorney to take a look at the garnishment and court docket. Garnishments get issued through the court on request from a judgment creditor. I’ve never heard of an attorney trying to serve a fake garnishment on an employer. If that is true, you have legal remedies to assess.

2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 27, 2024

If you don’t appear then a default judgment will be taken. You may be surprised as to the amount. If you appear you might be able to work out a settlement if you are willing to make payments.

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1 Answer | Asked in Civil Litigation for Missouri on
Q: astranged family members made a pack of lies to sue, filed bad paper work, responded past date, can we use ?

instigater in the family, coxed astrange family members to create a Fraudulent lawsuite full of lies even how they are related (we got birth certs to prove), First fileing out of area, moved back to here under request, but that fileing was not even a legal valid document, then they fixed it and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 20, 2024

A Rule 67.03 motion is not the proper motion to file to seek to win on the merits based on your disagreement with the allegations in the petition. If you can afford an attorney, hire one.

1 Answer | Asked in Employment Law, Business Law and White Collar Crime for Missouri on
Q: Employer withholding my paycheck for many reasons, never asks if it's okay. Is this illegal? What are my options?

She pieces out payments to me in small increments of 100-200 dollars. By the time the previous check has been paid, the next is due, leaving me over 1 week behind all the time. It has been like this for months, was never like this before. She always has excuses like "electric bill, rent,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2024

Missouri has a strict law about when a final paycheck is due but I’m unaware of any statute governing the timing of pay while you are still employed. If your employer cannot afford to pay you or won’t timely pay you, maybe it’s time to look for another job rather than wait to be terminated.

1 Answer | Asked in Contracts for Missouri on
Q: Hi, How can I get out of a contract with a personal adjuster for my homeowners claim, after I’ve written release letter.

The request was denied. I sent a second letter and now I’m being attacked.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 7, 2024

To answer your question about whether you may terminate your contract, an attorney would need to review the contract. There are exceptions, but parties generally cannot unilaterally terminate contracts.

1 Answer | Asked in Contracts for Missouri on
Q: can i still back out of my solar panel contract if the solar panels are not on my property.
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 21, 2024

There is no way to answer this question effectively without reviewing the contract and assessing the facts. For example, was this a sale solicited at your home? How much time has passed? In general, parties are bound by the written terms of a contract but contracts can be breached.

1 Answer | Asked in Employment Law for Missouri on
Q: Who do I need to contact for not paid for the hours I worked. my manager was paying her boyfriend half my hours worked

Like I only got paid for 8 of the 16 hours I worked

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 10, 2024

You might be able to get additional money if you contact an attorney. Missouri has a good unpaid wages statute that allows for weeks of additional pay if a proper request is sent and ignored.

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can a RE developer email a price hike and it be valid when the contract calls for them to send certified mail?

I'm 2 weeks away from closing on a new build in a subdivision. The developer just emailed me a $9k increase due to "surplus charges". According to their contract, they must send via certified mail. We, the buyer, get to say if we can to pay or cancel via certified mail. Is an email... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2024

The answer depends upon whether the court would strictly enforce the notice requirement. I would think that a court would or should enforce the contract as written, but no attorney is going to be able to tell with certainty how a judge would rule.

I suggest that you hire a local attorney...
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2 Answers | Asked in Consumer Law and Health Care Law for Missouri on
Q: My groceries showed up from DoorDash with blood on them. As well as blood on my porch. not refund me. Have pics
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 18, 2024

That’s not good. You didn’t ask a legal question, however. Read Door Dash’s terms and conditions to see its procedure for disputing a charge. I think it’s reasonable to expect a refund.

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1 Answer | Asked in Personal Injury for Missouri on
Q: i got a letter in the mail saying i have to go to court in illionis for a water bill for 600$. I live in missouri and it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 6, 2024

You didn’t ask a legal question. If you’ve been sued and served don’t ignore the case. You want to avoid a default judgment. You didn’t indicate whether this might be a scam or if you previously incurred the debt.

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