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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... View More

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

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: How can we sue a count jail for medical neglect and for violating inmates rights

Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2022

A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: What does A&S 03 mean?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 20, 2021

I've been in practice for many years and have no idea. Perhaps if you provide some context you'll get a better answer.

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: Can I charge rent for a shed that was left on my property by an old boss?

I quit in April 2021, he said he was going to come get the building. It is now November 2021 and he sold it to someone. Can I send him an invoice for rent since her kept his building on my property?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 1, 2021

You can certainly send an invoice, but unless you had an agreement for the payment of rent you are not going to be able to sue for breach of lease or contract. Research Missouri's abandoned property statute.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: This squatter is in Texas County MO. No lease , no money exchanged. Where do I find the unlawful detainer form to file?

I originally was going to rent to this person, but too many lies made me change my mind. I did let him get the electric in his name while many repairs were made that he had agreed to pay for. He never paid for any. I paid him to put the roof on and owed him $300 more, which I told him I would pay... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

From your description, it appears that this individual was on a month-to-month lease. As such, either of you can terminate the lease at any time upon providing at least thirty (30) days' written notice before the start of the next month. If you provided written notice to this person on... View More

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 30, 2021

I recommend that you have an attorney review the agreement to determine if it is enforceable.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 22, 2021

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Litigation and Civil Rights for Missouri on
Q: Me and my boyfriend got pulled over for having a tail light out and for some reason the officers scheduled the car

For drugs and there was some Marijuana found but I did not know about any of it now I am being charged with a class D felony and two misdemeanors, what do I do, how can I get these charges dropped?

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

See if you qualify for a public defender and/or speak with a criminal defense attorney.

2 Answers | Asked in Civil Litigation for Missouri on
Q: If this is someone's first offense what are the chances of jail time
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2021

Murder—pretty high.

Driving without insurance—pretty low.

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1 Answer | Asked in Civil Litigation for Missouri on
Q: In Missouri, do I need to be present to file and follow through with a civil suit?

I paid a small business in MO to clean my townhouse and the job was botched. My landlord was not satisfied and took over half of my deposit to get the place cleaned. The small business owner that did the botched job said she will give me a full refund but I have not received it and she has blocked... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 2, 2021

Unless the circuit court in which you wis to file suit is doing hearings through Zoom or Webex, you'll need to come to Missouri for your trial.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Civil Litigation for Missouri on
Q: Is there no requirement for notification? I didn't know this had even been issued until I was detained.
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 14, 2020

A request for body attachment would have been filed with the court. If you ignored a deposition subpoena then you would not have received notice of the body attachment before being served with it.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I need advice on a writ of body attachment. Details are in the "more information" area.

I had a sheriff deputy come to my house and detain me using a Writ of Body Attachment. I was booked into the county jail and held for 8 hours until my husband could get home from work , borrow money from friends and post bond.

This writ was issued in March (unbeknownst to me) after our... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 14, 2020

You probably failed to appear for a debtor examination and therefore the body attachment was issued. I suggest you hire an attorney to review the court file (that can be accessed online from an attorney) and to give you advice. A body attached, as you learned, is a serious thing. A purpose of... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: Who do you report your county court house to for not obeying there own laws
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2020

Your question is rather vague so it's tough to answer. You didn't indicate what laws are not being obeyed. If you add some context you might get a useful answer. In addition, you indicated that you are in Colorado but posted the question under Missouri.

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