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Questions Answered by Ronald J. Eisenberg
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.

2 Answers | Asked in Collections for Missouri on
Q: I have an upcoming hearing for Order to Show Cause Why Judgment Should Not Be Revived for a credit card debt.

My sole income is pension and Social Security. At age 65, that's not going to change. Will a judge dismiss the order based on that?

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

The only relevant issues are whether you have been served with the motion to revive the judgment, whether the motion was timely filed, and whether it has been completely paid. If the answers are yes, yes, and no, then the joists has no discretion to deny the motion. Consider trying to negotiate... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

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

You can hire an attorney and file a partition lawsuit.

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2 Answers | Asked in Bankruptcy, Contracts and Civil Litigation for Missouri on
Q: In 2019 I hired and paid a bankruptcy attorney to file chapter 7. Recently learned it was never filed.

A collector tried to have me served for civil court but had an old address in the wrong county. That case has been canceled but they now have my correct address. When I originally hired the attorney there was no equity in my home. Since then the market has changed and there's to much equity... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

You should confer with an attorney about pursuing a lawsuit against the bankruptcy attorney. If what you state is accurate, and I have no reason to doubt it, his failure to file the bankruptcy case caused you damage. Plus, he took your money.

Unfortunately, his failure to file is not a...
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1 Answer | Asked in Collections for Missouri on
Q: Being sued for credit card debt. Can not pay. senior citizen on fixed income and dementia what are options
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

The options are

1. Meet with a bankruptcy attorney

2. Defend the lawsuit on the merits

3. Try to negotiate a settlement with a payment plan

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Can my apartment complex charge me for a full month rent if my lease ends 10 days prior to the month ending?

I am moving out of an apartment complex on May 22, which is the date that my lease ends. My complex has notified me that I must pay for the entire month of May. Are they allowed to do this?

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

If you have a written lease that states it terminates on May 22 then it doesn’t make sense that the landlord would believe it is entitled to a full month’s rent. I haven’t seen your lease. It controls.

2 Answers | Asked in Car Accidents and Personal Injury for Missouri on
Q: I was hit by a semi; & receiving pain management & treatments. Insurance wants to settle. What is the value of my injury

I am facing surgery. insurance wants to settle. What is a back and neck injury worth?

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

There’s a good chance that if your damages are substantial the insurance company would pay more to settle if you were represented by an experienced attorney. It’s worth contacting an attorney to discuss.

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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I defaulted on a secured loan. They never tried getting the car I put as security? Can they sue me without taking car?

I defaulted on a secured loan. I paid on it for a long time but the loan wasn't getting any smaller. I couldn't afford it anymore. They never came after my car that I secured the loan for but they have just been sending me papers saying they want the money. I never hid the vehicle from... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2023

You may be sued without any attempt for the lender to take back the vehicle.

1 Answer | Asked in Employment Law for Missouri on
Q: My second day on the job a white man tells me his supervisor he don’t like black people in front of the other employees.

He does not follow the chain of command the director allows him to go over me directly to her then she relays the message

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 27, 2023

Other than the fact that someone said that someone else doesn’t like black people, I don’t follow your post. Please clarify your legal question.

1 Answer | Asked in Consumer Law, Contracts and Collections for Missouri on
Q: Is there a way to respond to an alias summons? I just got served papers today for a court date that is 10 days away.

The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... View More

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

Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How to respond to a small court summons in Saint Louis, MO?

I have a tenant who filed a small claim summon against me for charges related to the security deposit I deducted due to property damages. I received the summon but the court date is in less date 2 weeks and I wanted to send a response to the Judge to look at before the court date. This is in Saint... View More

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

You may file an answer to the petition. Be sure to serve the plaintiff with a copy. The judge is unlikely to read your answer prior to a small claims trial, however.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Missouri on
Q: Mortgage servicer issues

Need advice

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2023

You should ask a question if you’d like a response to get you started in assessing the situation.

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house in Missouri 2021. my foundation started bowing ,2 chimneys also. Never informed of severity in the

Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... View More

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

Look for a local attorney familiar with the Merchandising Practices Act (MPA). The MPA is Missouri's consumer protection statute and is often used in failure-to-disclose cases.

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1 Answer | Asked in Employment Law for Missouri on
Q: Sick days are part of my benefits package but my job says that they will not pay them out when you leave. Is that legal

I earn 12 days a year and have accumulated a lot. I do get paid for vacation days when I leave but not sick days

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 22, 2023

Most employers don't realize that unless they sign an employment contract that provides otherwise, when they leave employment they aren't entitled to accumulated sick days.

1 Answer | Asked in Employment Law for Missouri on
Q: Can a employer refuse you a witness to go into a meeting with you if you feel uncomfortable to go in by yourself ?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2023

I’m aware of no Missouri or federal law that gives you the right to have a witness present in a meeting with your employer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a buyer in a home owner financing contract that is not satisfied, rent the home to other people?

We have an extensive agreement we’ve put together. As we are closer to signing and finalizing he mentioned renting the home to another party and not doing repairs until he pays the balloon note. I’m uncomfortable with this notion. Is it legal? Can they be landlord and not live in the dwelling?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 13, 2023

Your questions are fact-specific and depend upon the written terms of the contractyou executed. If this is important enough to you, hire an attorney to review the contract. In general, I landlord certainly does not need to live in the rental premises.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a family attorney represent an hoa or does the attorney need to be a real estate/hoa attorney
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

A Missouri-licensed attorney may represent an HOA. Missouri does not require specialization.

1 Answer | Asked in Military Law and Criminal Law on
Q: I need a lawyer. Legal advice about Military law

I am serious. I am in danger. Serious situation. It involved with US Army.

It urgent now. He is US Army Captain. He use extortion. Threat. Abused etc. he held personal and bank information. He use sexual images and video. Record and take videos and pictures. I have been forced by him. He... View More

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

Not a good idea to name the captain on a public forum. You didn't ask a legal question. If you want to hire an attorney you will need to reach out to one directly. Find someone with experience in similar situations if possible.

1 Answer | Asked in Small Claims for Missouri on
Q: Served for old loan debt

My husband got served for old loan debt from 10 years and 4 months ago. Statute of limitations says they can't do this after 10 years, written. What can we do?

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

File a written answer and raise the SOL as an affirmative defense.

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