Q: Seeking guidance on being sued for negligence in house disclosures in Missouri.
I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite problems, which I had no prior knowledge of. There was no inspection report, but there was an appraisal conducted before the sale. I need guidance on how to proceed.
A: Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly hire an attorney familiar with how to set aside a default judgment. You'll need to show good cause and a meritorious defense.
Anthony M. Avery agrees with this answer
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