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Missouri Questions & Answers
0 Answers | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: How serious is a Class B misdemeanor for trespass in MO, and should I get a lawyer?

I was visiting with a friend at Cosmopolitan Park in Columbia, MO a few months ago when police arrested him for drug possession and searched both of us, but found nothing on me. The officer mentioned I was banned from all city parks, but I didn't fully comprehend it at the time. Recently, at... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: How to file an unlawful detainer in Missouri?

As a landlord in Missouri, I gave my tenant a 30-day eviction notice due to non-payment of rent for five months. The tenant has not paid and told me to take her to court. How can I obtain and file an unlawful detainer form to proceed with eviction? Also, what should I expect during this process?

2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Missouri on
Q: Can I sue for a head-on collision and seek compensation for injuries and damages?

Can I sue the other driver for a head-on collision that totaled my vehicle and caused me injuries, including whiplash? The other driver's statement to the police was inaccurate, and a witness provided a statement not included in the report. My insurance declared me not at fault, but the other... View More

Michael S. Foster
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Michael S. Foster
answered on Apr 8, 2025

You may have to file a lawsuit against the other driver to not only seek damages related to your injuries but also the damages to the car. Did you seek medical attention right after the wreck?

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0 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: Is a loose knee replacement with bone spurs grounds for a lawsuit?

I had a partial knee replacement surgery over a year ago. Since then, I've experienced pain and swelling, and it was determined last year that the replacement was loose. The medical advice was to undergo a full knee replacement, as an X-ray last week showed bone spurs around the knee... View More

1 Answer | Asked in Agricultural Law, Estate Planning, Civil Litigation and Family Law for Missouri on
Q: How can siblings deal with a confrontational sister to improve a family farm inherited in trust in Missouri?

My siblings and I have inherited a family farm in a trust after our parents passed away. One brother, who is also an heir, has established residency to manage and maintain the property. However, our sister, who has mostly moved out, remains confrontational, attempting to start physical fights and... View More

Anthony M. Avery
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answered on Apr 6, 2025

A Partition Action may be in order. Contact a MO attorney.

2 Answers | Asked in Internet Law and Civil Rights for Missouri on
Q: Can you get into legal trouble for viewing leaked OnlyFans content?

I viewed leaked OnlyFans content on a public forum without interacting or downloading it. The content was shared without the creator’s consent. Can I get into legal trouble for just viewing this content, even though there were no legal warnings on the forum and I haven’t been contacted by any... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 6, 2025

No, there is no legal liability on you for viewing leaked OnlyFans content. The only exception would be if the model was underage, but since OnlyFans checks IDs of its performers, this is unlikely. The legal liability that exists here would be on the person who uploaded the content, not on those... View More

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0 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Missouri on
Q: Do I need SR-22 after reinstatement fee for 2013 failure to appear in MO?

I turned in my compliance letter and paid the reinstatement fee for a failure to appear in Missouri from 2013. The DMV informed me that my license is revoked, suspended, and on hold. They did not mention any requirement for an SR-22. In this situation, do I still need to obtain an SR-22 for... View More

1 Answer | Asked in Collections for Missouri on
Q: Am I liable for a loan written off in 2020 now being sued by collection in 2025?

In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 7, 2025

If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.

Mo. Rev. Stat. 516.110. What action shall be commenced within ten...
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2 Answers | Asked in Bankruptcy, Real Estate Law and Contracts for Missouri on
Q: Using paycheck funds to buy a vehicle before Chapter 7 bankruptcy in Missouri.

I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Will Bridgecrest allow retaining and paying car loan in Chap 7?

I am filing for Chapter 7 bankruptcy pro se in Missouri, but will use Kansas exemptions as I lived there for most of the last two years. I've only been in Missouri since June 2024. I have a car loan with Bridgecrest, and I do not want to reaffirm it. Instead, I would like to retain the vehicle... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

If you’ve been in Missouri since June 2024, you will have to file in Missouri using Missouri or federal exemption. Creditors most always permit you to reaffirm your debt even if there is an arrearage on the debt.

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1 Answer | Asked in Employment Law for Missouri on
Q: Why might I not have ADA protection after being terminated due to health issues?

I was terminated from my job due to health issues that my employer was aware of, including cognitive decline, mental health distress, and occasional falls. My leave lasted from May 25, 2024, to March 1, 2025, during which I frequently communicated my conditions to my employer by phone and text. A... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 4, 2025

If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More

Q: Can a court rule on a civil rights lawsuit without addressing forma purpuis?

I filed a civil rights lawsuit under the Fair Housing Act against the Springfield Housing Authority after experiencing a sewage flood in my basement while on Section 8. Although the city compensated for my lost items, my Section 8 was terminated allegedly for whistleblowing. None of the defendants... View More

James L. Arrasmith
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answered on Apr 7, 2025

In your case, the court will likely need to address the forma pauperis (FP) motion before moving forward with your lawsuit. Forma pauperis is a legal process that allows individuals who cannot afford court fees to proceed with their case without having to pay those fees. When the court orders you... View More

0 Answers | Asked in Collections, Landlord - Tenant, Public Benefits and Real Estate Law for Missouri on
Q: Can fees be raised without notice in a debt collection lawsuit for eviction?

I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an... View More

0 Answers | Asked in Criminal Law for Missouri on
Q: Will I go back to jail if charges are refiled on dismissed case?

I am currently out on bond with conditions to stay out of trouble, be monitored by GPS, and not come within 500 feet of any alleged victims. My case was originally dismissed because the alleged victim is deceased, and I haven't violated any bond conditions. The case was dropped before I bonded... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Legal termination during medical leave with disabilities in Missouri?

I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 3, 2025

Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More

0 Answers | Asked in Child Custody and Family Law for Missouri on
Q: Legal options for 17-year-old wanting to live with grandmother due to mother's alcohol issues.

What are the legal options for my 17-year-old brother-in-law who has been living with my husband and me since June 2024 under a Power of Attorney (POA) due to his mother's alcohol issues? He wishes to live with his grandmother in New Mexico, and everyone has told us he can choose where he... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is text message a valid eviction notice in Missouri without a lease?

My wife is the property owner, and her tenants are her son and his family. There is no written lease agreement. My wife has been sending them text messages regarding eviction due to unpaid rent, as they have not adhered to their verbal agreement to pay rent. However, they have not responded to her... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Missouri on
Q: How to handle eviction after paying full balance in MO?

I am facing an eviction even though I have paid the full balance due. A writ for possession of my property was filed on March 31, 2025, but I had already paid the balance owed when judgment was made back on October 4, 2024. I communicated this payment to my landlord via text, along with a photo of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 2, 2025

Without reviewing the docket it wouldn’t be possible for an attorney to provide you with an informed assessment. If the judgment were a default judgment then perhaps a motion to set aside default judgment and quash the writ could be filed. It seems odd that the landlord would have waited many... View More

1 Answer | Asked in Collections and Civil Litigation for Missouri on
Q: Can a credit card company place a lien on my car for debt if they sue me?

I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 1, 2025

If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Missouri on
Q: Is my domestic violence charge a misdemeanor or felony?

I have a court date on May 16 regarding a new charge for domestic violence. I want to know if this charge is considered a misdemeanor or a felony.

Steve D. Hardin
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Steve D. Hardin
answered on Apr 1, 2025

It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.

Do not discuss the case with...
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