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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Collections for Missouri on
Q: Can a debtor in Missouri refile a garnishment if the courts terminated the order for failure to file a statement

A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 11, 2023

Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.

1 Answer | Asked in Employment Law for Missouri on
Q: I was hired at $15 per hr then if I missed 1day then for that pay check he only paid me $13 per hr is that legal

I guess he thinks he can punish me for missing work regardless what the reason was I have my check stubs I'm gonna file for unemployment really soon cause I cut grass and the season is almost done

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 6, 2023

If you were shorted you can file a lawsuit for the $2 per hour you were not paid. You’ll need to decide whether suing is worth the effort. Your time might be better spent applying for unemployment benefits.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord fine/evict me for a pet they said was ok, but now are saying is not ok?

I have 3 lizards in my townhome. All are in aquarium tanks and do not go out of them. I informed the landlord of the first one prior to moving in and she said over the phone "As long as it is not a cat or dog and is in a tank, you do not need to fill out a pet form." She even came by and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 28, 2023

Your lease controls the relationship. Does it address pets? Does it allow for the landlord to impose a fee for a pet violation?

3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

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

Did you sign a contract that called for a certain pay level that you aren’t being paid? If not, there is probably no recourse. But if enough money is at issue, pay an attorney for a consultation.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Re: Tenant rights in St. Louis. Can a landlord refuse to give you a one year lease forcing mo-mo tenancy?

Our building changed owners in June. The new owner has refused to provide a new one year lease, keeping us on mo-mo tenancy. Is this legal? It's uncomfortable knowing he can kick us out with 30 days notice. He has done some work in the building and now the unit type we moved into 18 months... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2023

I suggest you hire a local attorney to review the prior lease and see how if affects the situation. In general, a landlord is not required to renew a lease, but it's unclear from your post whether the prior lease expired.

1 Answer | Asked in Appeals / Appellate Law for Missouri on
Q: Need a form to add a name to a judgement from small claims in order to appeal to higher court in Missouri.

Judge needs completed form to approve the added names before approving the appeal petition request. I have been unable to find

any kind of form?????????

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 1, 2023

You’ll need to prepare your own document or pay an attorney to do so. The court has forms for some commonly filed documents but a form to amend a judgment to add a party is not one of them.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Employment Law for Missouri on
Q: Job offer given to someone else without confirming with me

n/a

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2023

That's terrible. Your legal options will be governed by the employment contract. Might be worth paying an attorney to review it.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Neighbor refusing to pay HOA fees
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 30, 2023

You didn’t ask a question. The HOA can sue the neighbor for not paying the fees.

1 Answer | Asked in Contracts for Missouri on
Q: Bad contractor only came and worked one day, never returned to finish job.

I paid $11,000 (2 thirds job’s total) to replace a retaining wall & driveway. They came 1 day, tour out part of my driveway, didn’t return. I called several times next 4 months, excuse after excuse till over phone I was cursed at & bluntly saying they’ll never coming. I then filed a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 18, 2023

Look up the “American rule” on attorney’s fees.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

2 Answers | Asked in Personal Injury for Missouri on
Q: I broke my ankle on snow in an apartment complex. This was February of 22. My question is why is my case taking so long?

Lawyer keeps telling me he hasn’t heard back from them. Every time I call he’s on vacation.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2023

That’s a question you should ask your attorney, who knows what has been done and if the case has been set for a trial yet.

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1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for Missouri on
Q: Are attorney's fees recoverable in a property damage suit against vehicle insurance company/their insured?

After a car accident, I file a 3rd party claim against the at fault driver (insurance company agrees their insured is at fault). My vehicle is deemed a total loss and is grossly undervalued. The insurance company refuses to alter their offer and doesn't seem to understand the rarity of my... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 7, 2023

Missouri follows the "American Rule" regarding attorney's fees. In a lawsuit for negligence, you aren't entitled to attorney's fees.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: In Missouri: We gave an investment company $30,000 to invest in real estate. We have no idea where our money went.

We were given no documentation, no updates. My spouse was told he was a "partner" but then fired. We requested the investment back and we have nothing. Is this lawful? Do we have a case?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 28, 2023

You need to have a consultation witn an attorney. There is a lot to discuss. The specifics of the agreement. Whether the investment was an unregistered security. Whether there investment was wiht an individual or business. Whether a judgment would be collectible. Too much money is at issue... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: Condo association fee question

We were just hit with a HEFTY condo association fee. We need to pay 3k in less than a month, or we will be fined. They are charging 3k per unit to fix the roofs, that they haven’t fixed in years. On top of this, we already pay 200 a month. It seems unfair to ask for so much money so quickly.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

That is a lot of money, but you've not asked a legal question. Perhaps you can finance the assessment, assuming it was properly authorized.

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1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: Can I sue for false information on the contract for the house I bought?

I bought a house in January 2022, I was told the jacks, for the foundation repair in the basement that were installed prior to buying the house, were lifetime warranty by the company that installed them. I figured out a couple months ago the company that installed them in the early 2000’s is no... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 2, 2023

You should have an attorney review the contract and disclosure form to discuss whether any causes of action, such as violation of Missouri's consumer protection statute, the Merchandising Practices Act, might be worth pursining.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2023

You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.

1 Answer | Asked in Employment Law and Health Care Law for Missouri on
Q: A nurse practitioner at the mental health clinic I work at gave out my personal cell # to a patient without my consent

A nurse practitioner at the mental health clinic I work at gave out my personal cell The patient contacted me via text message on my day off wanting to schedule treatment. I am an administrative assistant and don't see any reason for my personal number to be shared.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2023

I'm sorry that this happended to you. Speak to the nurse practitioner's supervisor to make sure this doesn't happen again. It's up to you but I doubt that it will make finacial sense for you to pay an attorney by the hour to send a letter and engage in back and forth with the employer.

1 Answer | Asked in Collections for Missouri on
Q: If I decide to negotiate a settlement for a debt prior to a scheduled hearing, what's the process?

Is there a benefit to getting an attorney vs. contacting the plaintiff's lawyer myself?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 9, 2023

If you hire an attorney experienced with debt settlement negotiations, you’ll increase your chance of not having a judgment, including a consent judgment entered against. If a payment plan is necessary, an attorney could negotiate a Rule 17 order and a “pocket” judgment.

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