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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Me and my fiancee rents a home with no lease or contract and lived here for a year. Can she kick me out or can I stay

Everything in the house is basically mine the internet is in my name but the utilities is in her name

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Can I sue my previous employer for defamation of character, harassment, and bullying?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: IVE BEEN SERVED LESS THAN 24 HRS NOTICE TO VACATE THE LANDLORD SENT PEOPLE THAT TOOK MY MERCHANDISE

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I signed a lease on a condemned property, I had no clue that it was condemned. suing in civil court Is it worth it

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Can A Landlord be sued for Loss of property? Can a landlord in Missouri be sued for emotional distress ?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

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".

Ronald J. Eisenberg
Ronald J. Eisenberg
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

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2 Answers | Asked in Landlord - Tenant for Missouri on
Q: If a home was condemned after signing the lease can i sue the owner?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

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1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: Can one LLC sue another LLC in Missouri small claims court?

I am part of an LLC in Missouri, and we have a dispute with another LLC over a cancelled event. We paid $250, and there was a contract stating that refunds would be issued only if the event was cancelled by the organizer. The event was cancelled due to a lack of participation. Despite attempting to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

Yes, LLCs may be parties to lawsuits in small claims court. Getting and collecting a judgment for only $250 will take a fair bit of time. Most small claims judgements go uncollected.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Missouri on
Q: How long do I have to remove my belongings from a foreclosed property in MO?

I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More

1 Answer | Asked in Identity Theft and White Collar Crime for Missouri on
Q: Can I file a criminal suit for misuse of personal information in Missouri?

I discovered that my social security number and personal email address were used without my consent to create a cell phone account with AT&T. I received an email from AT&T asking to verify the account, which led me to file a fraudulent claim with the company. Although I haven't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 19, 2025

Unless you are the prosecuting attorney you may not file a criminal lawsuit. You may file a civil lawsuit.

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on
Q: Can I be accused of tampering if the car was never moved and I was given the keys?

I met someone for the first time, and they willingly gave me the keys to their car, which was parked in front of their residential house. The car was never moved. Later, the person accused me of trying to steal their car, despite having given me the keys voluntarily. During the encounter, this... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 13, 2025

Unless I’m missing something, it sounds like you’ve answered your question in the affirmative. You had an actual trial and were apparently convicted? If so, then you

3 Answers | Asked in Bankruptcy, Collections and Contracts for Missouri on
Q: Who is responsible for my bills after my debt consolidation company filed bankruptcy?

I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 10, 2025

Unfortunately, you are responsible for paying your creditors even if your agent filed bankruptcy. It’s not the creditors fault that someone took your money and didn’t use it to repay your debts. Sad situation.

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1 Answer | Asked in Gaming and Civil Litigation for Missouri on
Q: How to file a civil action under RSMo 434.030 for gambling losses?

I recently lost money and property through gambling activities and am considering filing a civil action under RSMo 434.030 to recover my losses. How do I go about initiating and effectuating this civil action? I've identified the party involved, know the specific amount, and have documented... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 9, 2025

I had to look up that statute because it was unfamiliar to me. It’s an old one, but my quick research revealed barely any cases filed under it. Basically, you’d draft a petition like for most causes of action: identify the parties; shows jurisdiction and venue are proper; state facts... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: How to protect investment in a rent-to-own agreement facing possession complaint?

I am currently in the fourth year of a rent-to-own agreement. In the past three years, my landlord allowed me to make late payments, and I always paid in full eventually. I have invested approximately $30,000 in this property. With only eight months left in the agreement, I found paperwork for a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2025

Hire an attorney who has experience defending rent and possession cases. There’s generally no easy way out unless you can tender the full rent due plus costs. Rent purchase agreements generally go badly for tenants who have trouble honoring the agreements strictly.

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Missouri on
Q: Can I press charges after being pepper sprayed by roommate's girlfriend?

I was in my home when my roommate and his girlfriend began yelling at each other. I approached them to try to calm my roommate down, and his girlfriend pepper sprayed both of us. I washed my eyes out, but my face and eyes burned for a week, and I haven't fully recovered my vision. My eyes... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 26, 2025

You may call the police and ask them to take a report. You may also file a civil lawsuit if you feel it is worth doing so.

1 Answer | Asked in Consumer Law and Civil Litigation for Missouri on
Q: How can a lawyer help resolve communication issue between Capital One and PayPal?

I asked Capital One to flag some transactions as fraud, but later realized one was not fraudulent and informed them. Though Capital One closed the case in late December and allowed that transaction to proceed, PayPal claims they haven't received the "Closed Case" notification.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 20, 2025

A lawyer can sent a letter and that might get taken more seriously than communication from a non-attorney.

2 Answers | Asked in Employment Law for Missouri on
Q: Hostile work environment and wrongful termination concerns in Missouri

I am seeking legal advice regarding a hostile work environment and potential wrongful termination at my job in Missouri. I work in the vehicle warranty/service contracts industry for a medium-sized company with about 200 employees. Over the past several months, I have documented multiple instances... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

You’ve not articulated a legally cognizable claim. It is not unlawful for an employer to be mean, insulting, rude, and unfair. The actions need to be on account of your race, religion, national origin, etc.

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2 Answers | Asked in Animal / Dog Law and Contracts for Missouri on
Q: How can I gain ownership of dogs I've cared for in Missouri?

I have been taking care of my son's two dogs since he bought them. One dog has been with us for 5 years, and the other for 2.5 years. During this time, my family and I have paid for all their expenses, including food and vet bills, and the neighbors can confirm the dogs have lived with us.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 17, 2025

They are not yours even if you have spent money on them. You can buy the dogs from your son if the parties agree upon the terms.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I want to know if my eviction was legal or not

The only written notice i got wasvwhen theyvame to my door and told me we had to leave right then

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 12, 2025

An eviction is legal if a summons was posted or personally served, a judgment was entered, and the sheriff executes a writ to return possession to the landlord.

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