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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I need help with how to start a lawsuit against a corporation , a manager of , and also the 2 city police officers ?

I'm disabled and was treated in an extremely humiliating manner by all involved and I can prove they had absolutely no grounds for those actions. Furthermore, I gave them the proof they needed to not treat in such a manner and all proceeded not just to curse me through the store as I was asked... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are the key steps to starting a lawsuit against a corporation, manager, and police officers in Missouri:

1. Consult with a civil rights and personal injury attorney. Find one experienced in handling cases against corporations, police misconduct, and ADA violations. They can evaluate...
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1 Answer | Asked in Civil Litigation and Legal Malpractice for Missouri on
Q: What are the first steps in filing a Legal Malpractice suit when a law firm doesn't want to sue another attorney

My 6th and 14th amendments were violated and I was not allowed a preliminary, expulstionary or due process. Lawyers lack of communication, overcharged me and would NOT let me go to trial when I told him several times I wanted one and the prosecutor and my lawyer kept continuing a case w/o new... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 12, 2024

Your first step would be to discuss case with Malpractice attorneys. Please note that there are many requirements and practice cases that will determine whether your case is viable or not.

Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... View More

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

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

I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Who would I sue for stolen property property damages and harassment and emotional damage neighbors or landlord
T. Augustus Claus
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answered on Dec 4, 2023

The decision of whether to sue your neighbors or your landlord depends on the specific facts of your case. It is advisable to consult with an attorney to determine who is the most likely responsible party and to assess the strength of your potential case.

Considerations When Deciding Whom...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Can A Landlord be sued for Loss of property? Can a landlord in Missouri be sued for emotional distress ?

Me again, I am wanting to know if a landlord can be sued for loss of property , and or emotional distress. Back story is signed a lease on a condemned property and was not able to get any property , all of it was thrown a way. Obviously this was a sudden thing, and a very traumatizing event that i... View More

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

A landlord may be sued for breach of lease or for a tort claim.

I am confident that if you are willing and able to pay an attorney by the hour, and assuming your situation has merit, you will be able to find an attorney.

You can discuss with that attorney emotional distress...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: How is loss of property(not real estate) calculated in court? Other than receipts what else would be considered
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 21, 2023

The fair market value of property would need to be determined. In large cases, parties use expert witnesses. In small, cases, parties submit evidence of what they paid or what similar property sells for use.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: If given a choice is it better or more beneficial to sue a individual or their LLC.?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

Depends upon on which one you'd be more likely to collect a judgment. If you have a valid legal basis to sue both, that might be your best option. If you are suing for breach of contract, you should sue the party to the contract.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I signed a lease on a condemned property, I had no clue that it was condemned. suing in civil court Is it worth it

Home was condemned in February , I renewed a lease in September. I had no clue or wasn't given any type of notice of the condemnation. Code enforcement officials said that unfortunately i was stuck in the middle ect. My question is am i able to sue him for the time that it was condemned... View More

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

You could sue to recover your actual damages. You could seek the return of all rent paid. On the other hand, you lived there and for some time received some benefit for your money. You could also sue for damages resulting from having to vacate early and perhaps paying more rent in a new place.... View More

4 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: IF THERE ARE TWO PEOPLE INVOLVED IN A MATTER THAT COULD INVOLVE A LAWSUIT DO YOU LIST BOTH PEOPLE WHEN FILING

If multiple people are affected , do they do their own form and lawsuit separately or are they list on the same form as plaintiffs.

James L. Arrasmith
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answered on Nov 8, 2023

In Missouri, if two people are involved in a matter that could involve a lawsuit and both have claims arising from the same set of facts, they often can be listed as co-plaintiffs on the same lawsuit. This is typically done to streamline the legal process and to address all related claims in a... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Constitutional Law for Missouri on
Q: code enforcement condemns a home, knowing there are tenants living there with no notice to vacate or prior notice.

If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.

Tenants who are suddenly displaced without proper...
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2 Answers | Asked in Civil Litigation and Constitutional Law for Missouri on
Q: Does the federal government, or any agent fro the federal government, have the power to enforce state law?

In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2023

Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a... View More

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1 Answer | Asked in Civil Litigation, Internet Law and Libel & Slander for Missouri on
Q: Would there be legal recourse to someone posting dating related history on social media under the name of the accused?

Missouri- A friend was posted in the group Are we dating the same guy which is a newer Facebook group where women can post about men to warn other women. There were many comments about how he has cheated, lied, insists on not wearing condoms while telling girls he is exclusive and other not great... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

If the history posted is substantially true, then the person likely has no legal recourse.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Missouri on
Q: What are my rights as a widow?

My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More

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 Litigation, Civil Rights and Landlord - Tenant for Missouri on
Q: Can a landlord who is a police officer conduct his own investigation on a tenant and evict them?

My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 23, 2023

If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More

1 Answer | Asked in Civil Litigation and Collections for Missouri on
Q: I was just contacted by a company that said their name was United Firm and that they were mediation company in St. Louis

They said that a company called cash net was going to sue me for breach of contract for a loan from April 12, 2012. And that I was going to be sent a summons to go to court. What is the statue limitations for something like this? Is this company a scam?

I checked casenet , there is nothing.... View More

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

Either it is a scam or you have already been sued and United Firm saw the information on the public docket and therefore mailed you a letter. I wouldn't recommend dealing with any random mediation company at this point. An attorney would need to assess the situation, but the statute of... View More

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 Banking, Civil Litigation and Criminal Law for Missouri on
Q: If I wreck a vehicle that is uninsured and financed by a bank can the bank file crimal charges after repossession??
Tim Akpinar
Tim Akpinar
answered on May 23, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. Filing charges is generally the domain of county prosecutors. Banks are usually more interested in the value of the vehicle and remaining balance of the finance agreement. It would be best to consult with a local... View More

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