Get free answers to your Civil Litigation legal questions from lawyers in your area.
I live in Missouri and before I pay the money I owe State Farm I want to be sure that they (or the judge) cannot either not turn it into the judge or the judge rule against it being satisfactory
answered on Apr 13, 2022
Any judge can rule against a motion but if you’ve satisfied the judgment and the plaintiff refuses to file a satisfaction then you are entitled to have it satisfied. So long as you can provide that you’ve paid it in full, including post-judgment interest and costs, I see no reason that you... View More
answered on Mar 13, 2022
I’m not sure what you mean about your landlord not entering evidence. So long as you are within the statute of limitations you may sue. Whether is makes sense to sue is the better question and will depend on many factors. Those factors include the merits of the potential case, whether you are... View More
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
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
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
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... View More
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
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
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.
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.
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
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?
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.
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
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
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
answered on Oct 30, 2021
I recommend that you have an attorney review the agreement to determine if it is enforceable.
There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed
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.
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
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... View More
He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?
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.
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?
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.
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
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.
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?
answered on Apr 1, 2021
See if you qualify for a public defender and/or speak with a criminal defense attorney.
answered on Mar 6, 2021
Murder—pretty high.
Driving without insurance—pretty low.
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
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.
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.
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.
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.
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