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Missouri Civil Litigation Questions & Answers
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

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

2 Answers | Asked in Bankruptcy, Contracts and Civil Litigation for Missouri on
Q: In 2019 I hired and paid a bankruptcy attorney to file chapter 7. Recently learned it was never filed.

A collector tried to have me served for civil court but had an old address in the wrong county. That case has been canceled but they now have my correct address. When I originally hired the attorney there was no equity in my home. Since then the market has changed and there's to much equity... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

You should confer with an attorney about pursuing a lawsuit against the bankruptcy attorney. If what you state is accurate, and I have no reason to doubt it, his failure to file the bankruptcy case caused you damage. Plus, he took your money.

Unfortunately, his failure to file is not a...
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1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: What’s a briefing
Tim Akpinar
Tim Akpinar
answered on Feb 10, 2023

A Missouri attorney could advise best, but your question remains open for three weeks. In the most general sense that applies nationwide, briefing means a meeting. It usually involves giving information or instructions. That's a broad definition. If this is in the context of a Missouri statute... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: What are my rights in Missouri for paying someone to help me move and they were careless, broke, damaged & stole thIngs.

I paid someone to help me move and they destroyed most of my belongings. There are also things missing.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 15, 2022

You have the right to file suit to recover your damages.

1 Answer | Asked in Civil Litigation for Missouri on
Q: Suing a Scammer

I was asking my scammer lives in the us but lives in another state but can u sue a scammer I've been told by a another attorney that it would have to be civil lawsuit. it happened in august of 2018 and they said the statue has likely ran out in the state of Missouri. they said missouri has... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 18, 2022

The statute of limitations would depend upon the cause of action, i.e., type of legal claim. If you wish to sue for fraud and if Missouri law governs, the you've got 5 years under Mo. Rev. Stat. 516.120(1), with the possibility for it to be extended dependin upon when the fraud was discovered.

1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Civil Litigation for Missouri on
Q: In the state of Missouri is it legal for a city worker to come into a privacy fenced backyard, when there are no meters

There are no meters or anything owned by the city in the back yard. And my fence has been damaged.

Trenton D. Garza
Trenton D. Garza
answered on May 25, 2022

Generally, it would not be lawful for a city worker to enter your property without your permission, or to damage your fence. However, there are many circumstances where it is legal for them to enter your property - even against your direction. Having a meter is just one example where a city or... View More

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