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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: I need help with an adverse possession case

I been living at the current residence for a little have come around but they haven't tried to contact me in 10 years overover 10 yrs an just recently the

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

Your post cut off mid-sentence. If you desire to hire an attorney to file such a lawsuit, look for someone local and experienced. We cannot solicit through Justia not recommend anyone.

1 Answer | Asked in Divorce, Banking and Domestic Violence for Missouri on
Q: My husband has taken my name off of our accounts savings and checking and has blocked me from all money financially?

He won't give me money for groceries anymore there's no food in the house there's no toilet paper for 5 days I just am so sick from the cancer and depression from him just degrading me he text messages me from work

telling me he's going to come home and beat me up

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 6, 2024

Bad situation. If he is threatening you, get an order of protection to have him removed from the residence. Seek some social service assistance for abused women.

1 Answer | Asked in Collections for Missouri on
Q: Collection agency refuses to accept payments on a agreed payment plan. Now they are garnishing my wages. Is this legal?

A close friend is of mine owes money from a loan in college and a couple of months ago a collection agency notified them that they will move to court to garnish wages unless said friend would agree to make payments. Of course my friend agreed to do so and everything was fine for the first month to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2024

Your friend ought to hire an attorney to review the docket sheet and contact the plaintiff’s attorney. There’s no general right to a payment plan but without reviewing the docket and correspondences with the collection agency it is hard to give an informed response.

1 Answer | Asked in Consumer Law for Missouri on
Q: Who must sign up for corporation?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 9, 2024

Your question is unclear. I don't know what you mean by "sign up for corporation." If you clarify you may get a useful answer.

2 Answers | Asked in Civil Rights for Missouri on
Q: Is Koritz vs Koritz a ongoing case. 4:23 civ00066
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 26, 2024

You may look up the case on Pacer and determine the answer.

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1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Is there a law which inludes cats? :)

*includes

Spanish or english

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 26, 2024

Your question doesn't provide any context. I suggest you revise it.

1 Answer | Asked in Uncategorized for Missouri on
Q: If a renter who is responsible when a tree falls on the property impeding driveway /garage

During Hurricane Beryl a tree fell on top of our vehicle while in the driveway , we asked the landlord about removing the tree off the vehicle and she stated it was an ACT OF NATURE and it was nothing she could do, we paid $850 to have the tree removed from the vehicle but the remaining tree is... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 23, 2024

Missouri's rent-withholding statute is unlikely to apply. It's limited to $300 or half a month's rent if I recall correctly. An attorney would need to read the lease to assess the situation.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

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

Could give and notice to vacate then sue for unlawful detainer.

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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I just bought a new AC unit, which isn't working well.

Bought it on 6/14/24. Didn't even work as well as my 20 year old unit, which frankly I want back. The new one isn't even working now. What can I do? This is unacceptable.

I told the company I wanted the old unit back. No response so far.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 19, 2024

You can hire an attorney and file a lawsuit to recover your damages.

I don't know whether the company still has the old unit.

4 Answers | Asked in Car Accidents, Medical Malpractice and Wrongful Death for Missouri on
Q: My mother was in an Auto accident and auto was totaled. Hit from behind by a trailer truck. Passed away a few week later
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 15, 2024

I’m so sorry to hear this. You didn’t ask a legal question but must be wondering what to do. The answer is that you should get in touch with a local attorney. The other driver’s insurer won’t take an unrepresented party nearly as seriously as one represented by counsel. Under... View More

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1 Answer | Asked in Business Law for Missouri on
Q: I am a partner in an LLC. I have been harassed for the last 2 years by managing partner.Recently a new GM was cont..

Placed with authority over my day to day and even requires I clock in and out. I work 45-50 hours currently. On call 24/7. I don't know whst rights I have but it doesn't seem right. Nothing in the operating agreement states this can or cannot be done

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2024

It’s hard to give a meaningful answer without more details. Your rights are governed by the operating declaration and any contract.

1 Answer | Asked in Collections for Missouri on
Q: I live in Missouri. I am in collections and the collector states their attorney is due 50% of the principal.

I was served to appear in court, however I believe Missouri has a limit on fair attorney fees at 15%. The attorney is charging 50% for filing the suit. Is this a FDCPA violation?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

You may be referring to Section 408.092, which limits attorney’s fees for enforcing credit agreements. There’s not a general 15% cap. Ultimately, if tiki lose the court will determine the amount of reasonable attorney’s fees.

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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