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Missouri Civil Litigation Questions & Answers
2 Answers | Asked in Bankruptcy and Civil Litigation for Missouri on
Q: How to address offensive legal letter in MO bankruptcy case?

I'm filing for bankruptcy without a lawyer and received a letter from an opposing lawyer stating they pray the court denies me any relief while granting her client further relief, which I find offensive. I've tried contacting this lawyer but received no response. My case is scheduled for... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

Remain professional and do or say nothing g. Your complaint is over boilerplate language and not actionable.

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2 Answers | Asked in Business Law, Contracts and Civil Litigation for Missouri on
Q: Can a real estate agent be held accountable for lost income due to unauthorized client representation?

I am facing a situation where an agent at my real estate brokerage represented a client without the broker's knowledge, violating our office policy which states that only the managing broker can enter agreements with clients. This action resulted in a loss of over $10,000 in commission income.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 11, 2025

I suspect that the answer to your question would depend on whether the agent is an independent contractor and the terms of your contract with the agent. If you think the $10,000 would be collectible, it might be worth hiring an attorney either to sue the agent or to seek a settlement.

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Missouri on
Q: Neighbor's dogs killed my livestock; two still loose. Legal steps?

I am dealing with a situation where my neighbor's dogs jumped over my 4-foot fence and killed my livestock, including goats, sheep, geese, and a miniature donkey. The incident has been reported to authorities. Two of the dogs are still loose, and the neighbor has more dogs that pose a threat.... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can hold your neighbor strictly liable under Missouri’s “livestock trespass” statute (Mo. Rev. Stat. § 273.060), which makes an owner responsible when their dogs trespass and kill your livestock.

Start by sending your neighbor a written demand for the fair market value of each...
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3 Answers | Asked in Animal / Dog Law, Agricultural Law and Civil Litigation for Missouri on
Q: Neighbor's dogs killed my livestock, seeking legal steps for accountability and prevention in Missouri.

On June 1, 2025, my neighbor's dogs jumped over my fence and killed several of my livestock, including sheep, goats, geese, pigs, and a miniature donkey. Other neighbors have had similar problems with these dogs. I've taken previous measures to secure my property. What legal steps can I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 8, 2025

Google “Missouri” and “ 273.036.” You neighbor is strictly liable for the vicious dogs. Hire an attorney to send a demand letter seeking the value of your animals killed. If your neighbor won’t pay, confer with the attorney about filing a lawsuit.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Can I sue an apartment complex in Farmington, MO for deposit and hotel costs due to unresponsive property manager?

I signed a lease for an apartment in Farmington, MO, after a virtual tour, and paid deposits totaling over $2,100, including pet fees. We live in WI, and it was agreed over the phone that we could move in on Saturday, May 31, 2025. However, I was unable to reach the property manager via text or... View More

James L. Arrasmith
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answered on Jun 2, 2025

Yes, you can consider suing the apartment complex to recover your deposit and hotel expenses. Based on your description, there may be grounds for a breach of contract or failure to perform under the lease. If the property manager agreed to a specific move-in date and then became unreachable,... View More

2 Answers | Asked in Agricultural Law, Civil Litigation, Contracts and Personal Injury for Missouri on
Q: Can I sue for the return of my tools and lost wages as an independent contractor in Missouri?

I was working as an independent contractor doing mechanical work for a farmer. Recently, he changed the locks to his shop and refuses to return my tools and equipment, which I value at around $7,000. Although I have no written employment terms, there's a history known in the community about me... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 2, 2025

You can certainly sue for the tools he is not returning but you aren’t entitled to lost wages. He can fire you at anytime. If you are

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Missouri on
Q: Legal steps for resolving roommate dispute and ensuring peaceful move-out.

I reside in an apartment in Christian County and am the only one on the lease. I allowed a husband and wife to move in as roommates to help with rent, based on an informal lease we signed, believing both had or would get jobs. Neither obtained employment, and their behavior became... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 30, 2025

I have never heard of an informal written lease. It sounds like they are their subject to a valid lease. If they have breached the lease by not paying, sue them for rent and possession. If they have breached some other provision of the lease that gives you the right to terminate the lease, then... View More

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1 Answer | Asked in Civil Rights and Civil Litigation for Missouri on
Q: Responsible for someone's mental health issues/suicide: what behaviors/comments matter?

In order to be questioned or held responsible for someone’s mental health issues or suicide, what types of comments/behaviors does the individual need to be accused of? Do these comments/behaviors need to be consistent or can they be sporadic? Additionally, how much does the decedent's... View More

James L. Arrasmith
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answered on May 31, 2025

In Missouri and Illinois, being held legally responsible for someone else’s mental health struggles or suicide is very rare and usually requires extreme, intentional, or repeated conduct, such as harassment, bullying, or threats that can be clearly proven. Courts generally look for evidence of... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Missouri on
Q: Charged with possession: meds found in deceased mother's apartment; discrepancy in type and quantity

I was charged with possession after finding my deceased mother's medications while clearing her apartment. I was her caregiver, and the medication included about 13 oxycodone pills, but the discovery lists 27 oxycontin pills. I possess documentation from hospice stating there were 0.5 mg... View More

James L. Arrasmith
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answered on Jun 12, 2025

The significant discrepancies you've documented between what you actually found and what authorities listed could indeed support your defense. The Disposal Act also allows any person lawfully entitled to dispose of a deceased person's property to dispose of any controlled substances that... View More

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: Am I liable for a chiropractic bill for my son without my permission in MO?

I am the legal guardian of my 17-year-old son, who currently lives with another family with my consent. Recently, they took him to a chiropractor, who is a friend of theirs, without my permission or any emergency situation. I had not signed any consent form for this visit. They now expect me to pay... View More

James L. Arrasmith
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answered on Jun 12, 2025

You are likely not responsible for this chiropractic bill in Missouri since you, as the legal guardian, did not consent to the treatment. Medical providers are required to obtain consent from a parent or legal guardian before treating a minor for non-emergency care, and chiropractic adjustments are... View More

3 Answers | Asked in Animal / Dog Law and Civil Litigation for Missouri on
Q: How can I reclaim my cat registered as someone else's emotional support animal?

I temporarily entrusted my cat to a friend, who has now registered him as her emotional support animal through a counselor. Despite having all adoption documents in my name, she refuses to return him, citing a bond with the cat and registering him under the pretense of needing him for PTSD. Though... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 19, 2025

You can file a lawsuit for replevin. Same cause of action as if you had loaned her your lawn mower and want it back.

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1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Missouri on
Q: Rights to contest probate decision in Missouri regarding inherited assets.

I was close to my biological father, who passed away in 2019, and his assets automatically went to my stepmom due to their joint ownership. After my stepmom died in a car accident in 2022, her sister changed the locks on their house before I could locate the will and other important documents.... View More

James L. Arrasmith
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answered on Jun 5, 2025

You have a limited window to contest the probate decision in Missouri if you did not receive timely notice or if you suspect irregularities in the administration. Generally you must file a written objection in the county probate court within a few months of the estate being opened, so acting... View More

Q: Civil remedy for willful blindness in Missouri regarding property access and family disputes.

I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 18, 2025

Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More

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1 Answer | Asked in Estate Planning, Civil Litigation, Libel & Slander and Personal Injury for Missouri on
Q: Beneficiary seeks counsel for breach of fiduciary duty and disinheritance scheme in Jackson County, MO.

I'm the beneficiary of a written land trust agreement, signed and notarized in Jackson County, Missouri. I'm facing a breach of fiduciary duty by the trustee. The trustee's agent has made a false police report, claiming I am mentally ill and attempted to harm them. The police... View More

James L. Arrasmith
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answered on Jun 7, 2025

Given your situation, it’s important to act quickly to protect your interests as a beneficiary. If you believe the trustee and their agents are breaching fiduciary duties or engaging in misconduct, you have the right to bring these concerns before the court. Document every incident, including... View More

1 Answer | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Missouri on
Q: Missouri jurisdiction over fraud claim against Missouri trustee for British Columbia trust agreement.

What is the Missouri case law or precedent that supports Missouri courts having jurisdiction over a claim against a Missouri trustee for fraud relating to a British Columbia trust agreement? The issue involves a breach of fiduciary duty where the trust agreement was signed and notarized in... View More

James L. Arrasmith
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answered on Jun 7, 2025

If you're dealing with a Missouri trustee who is alleged to have committed fraud in connection with a British Columbia trust agreement, Missouri courts may still have jurisdiction under certain circumstances. When the trust agreement was signed and notarized in Missouri, and the trustee is... View More

1 Answer | Asked in Civil Rights, Personal Injury, Civil Litigation and Employment Law for Missouri on
Q: Seeking legal advice on ongoing remote neural monitoring abuse causing physical harm and interference with daily life in Missouri.

I am experiencing severe issues related to remote neural monitoring, including ongoing physical and mental distress. I have been assaulted, and my cat was killed. Additionally, I believe attempts have been made to harm me through manipulation of my blood pressure settings. Despite reporting these... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re going through sounds overwhelming and frightening, and I’m sorry you’re experiencing so much distress. When you feel like you’re being harmed or targeted, especially in ways that affect your health, safety, and ability to function day to day, it’s important to seek help that... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Missouri on
Q: Can I install a lock on my bedroom door while subletting a room in Missouri?

I'm subletting a room in Missouri with only a verbal agreement to pay all utilities, while the main tenant pays the rent. I've had my things gone through, and some items have gone missing. Due to my work schedule, I can be away for up to 48 hours. I'm concerned about my privacy and... View More

James L. Arrasmith
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answered on May 15, 2025

You're not wrong for wanting to protect your space—having your things gone through and items go missing is a serious invasion of trust. Even though you're under a verbal sublease in Missouri, you still have basic tenant rights, including the right to privacy in the room you're... View More

1 Answer | Asked in Contracts and Civil Litigation for Missouri on
Q: Wrong person signed a property warranty agreement. Who is liable?

I have a situation where a warranty agreement was signed by the wrong person. The document states that the signer represents and certifies they are authorized by the warrantor to execute the warranty, thereby binding the warrantor to its terms. However, the person who signed was actually the seller... View More

James L. Arrasmith
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answered on May 15, 2025

That’s a frustrating and confusing situation, especially when something as important as a property warranty ends up in the hands of someone who wasn’t supposed to sign it. If the document clearly states that the signer is certifying they have authority to bind the warrantor, and the signer was... View More

Q: Facing wrongful eviction, loss of property in Missouri including a paid-off home.

I am facing a serious issue where my fully paid-off $169,000, 2,000+ square foot all-wood cabin was wrongfully taken from me. The parties involved, which include the lake authority, refused my attempts to make payments, even sending my money back, and then evicted me without cause. I have this on... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 9, 2025

You should hire an attorney. A lot is at issue. It’s not clear from your post whether there was a court judgment entered against you pursuant to which the sheriff carried out a writ of execution. If you are willing and able to pay an attorney’s hourly rate, you ought to be able to find a... View More

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1 Answer | Asked in Domestic Violence, Criminal Law and Civil Litigation for Missouri on
Q: How can my boyfriend's charge for violating an order of protection be dismissed after reconciliation and filed dismissal?

My boyfriend and I recently reconciled after a separation. During the separation, I obtained an order of protection against him due to pressure from my father, who threatened to hire a lawyer to take my son if I didn't comply. Although a temporary order was granted, we never went to court, and... View More

James L. Arrasmith
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answered on May 15, 2025

Given that the order of protection has been dropped and there is no longer an active order, your boyfriend’s charge for violating the order may have a strong basis for dismissal. Since the temporary order was not followed by a court hearing and was later filed for dismissal, there may be no legal... View More

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