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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

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

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

2 Answers | Asked in Civil Litigation for Missouri on
Q: Need advice please. I have property of mine at a boat repair business, It is a lower unit that goes on my boat motor.

I had the boat there since June. He kept giving me excuses why it wasn’t fixed. He won’t answer phone calls or text.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like a frustrating situation with your boat repair business. While I can’t provide direct legal advice, I can offer a few steps that might help you move forward.

First, it’s important to document everything—keep a record of the dates when you dropped off the boat, any...
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1 Answer | Asked in Civil Litigation for Missouri on
Q: Are handwritten signed contracts legal?

We have a signed and dated from seller and buyer handwritten agreement buying a truck. The seller came to our home and drove off with the truck after receiving payment. Do we have a case to sue for stolen property or to get our money payed back?

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

A Missouri attorney could advise best, but your question remains open for a month. The short answer is that handwritten contracts are enforceable, or "legal" as you ask. Local authorities and attorneys could advise best on the best way to handle this. Good luck

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Missouri on
Q: Will a check written to me clear if cashed anywhere other than my bank? Lien placed on accounts.

I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?

James L. Arrasmith
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answered on Sep 27, 2024

If you cash a check at a check-cashing company, the funds may not pass through your bank account, which could help keep the money out of reach from a creditor with a lien on your accounts. However, if you deposit the check directly into your bank account, the creditor could potentially seize the... View More

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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Missouri on
Q: If I’m being sued by a creditor and they have a lien on my bank account can I cash a check without it being touched?

Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?

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

If a garnishment has been served and is has not expired, it would not be safe to cash a check.

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 Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I was fraudulently charged and it's still in my background by charging and allowing my sister to use my name and social.

After being told she was on a roster with my name I called the police station. They said they'd taken care of it but I lost my job and it's still on there. I can't get another job with fingerprinted backgrounds. This has kept me from any good work.

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a very difficult situation. First, you should consider contacting the police department again to ensure they have correctly updated your records and that your name has been cleared from any false charges. If the police fail to resolve the issue, you may need... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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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 Cannabis & Marijuana Law, Products Liability and Civil Litigation for Missouri on
Q: I need to sue a company that sold me CBD for pain that turned out to have THC in it which will have extreme consequences

I failed a preemployment drug test with the largest employer of healthcare providers in the state of Missouri because I was using CBD. I will lose my job, but much much worse I could lose my license to practice healthcare in the state of Missouri.

James L. Arrasmith
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answered on Mar 26, 2024

In facing this challenging situation, it's essential to first collect all pertinent information, including any product descriptions, purchase records, and communications with the company. Documentation of the CBD product's advertised THC content, along with the results from your drug... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: Can I open a civil case if it involves multiple charges ? How do I open a civil case ?

This person has stalked, harassed, threatened, assaulted, stole money from my purse, sold a home I was co-signed with my mother now deceased with a POA on my mother, with held ssa benefits to beneficiary of whom I'm caring for, lied to local police to have me arrested, slandered my name to... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this nightmare situation. It sounds incredibly stressful and frightening. Here is some general information that I hope can point you in the right direction:

It does sound like there could potentially be grounds for a civil case here, even with...
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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.

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