Get free answers to your Civil Litigation legal questions from lawyers in your 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
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
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.
I paid $350+ for a Walmart Grocery pickup order. One of the employees there got into a very heated conversation with me and said "I'm gonna F**K you up, you B***H F****T " among other things. Ultimately, I was never given my order and I had to just accept the abuse.
I think... View More
answered on Nov 22, 2020
I’m sorry that you were subjected to such unprofessional treatment. You ask if you “have a case.” You have a case if you sue and have a case number assigned.
Given that your actual damages would be tough to calculate and it doesn’t appear that you were physically harmed, you are... View More
I had a HVAC unit installed via a grant program, the subcontractor upon install did the following:
Did not ground the unit properly which caused my dog to be shocked to death
Unit went on emergency mode and blew 97 degree temp heat out and was not able to shut off, so I had to put... View More
answered on Nov 22, 2020
An attorney would need to review the contract. Even if you couldn’t pursue a claim for breach of contract, Missouri’s consumer protection statute, the Merchandising Practices Act might be an avenue for legal relief.
But now the event organizers are saying that the ticket company is responsible for refunds. They are simply passing the buck. Please advise.
answered on Oct 18, 2020
You have to determine the party with whom you contracted.
I lost my job due to covid19 so I don’t have money to take. What can they do to me?
answered on Sep 28, 2020
No, you won’t be jailed. It’s a civil suit. If you fail to appear, however, a default judgment will be entered against you and the plaintiff will likely get awarded whatever it requests.
If you show up you might be able to negotiate a payment plan.
The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.
answered on Sep 20, 2020
It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!
I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... View More
answered on Sep 20, 2020
You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... View More
September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... View More
answered on Aug 18, 2020
At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... View More
The account number is missing 2 numbers. Example: contract signed at hospital. J1234567. Account number on bills they sent me after service have J001234567. The 2 account numbers don't fully match. Can I use that to get the case dismissed?
answered on Jul 29, 2020
I hope you have a better defense than that one because it doesn’t sound like a winner.
Hello, I received a funds transfer on July 14th of $20,138.00. I called my bank and they said it was transferred from another account and could not see where from. I waited a week to touch the money just in case. Then I used to to help pay of bills. The day after touching the money I get a call... View More
answered on Jul 24, 2020
This isn't the answer you want to hear but I believe that if grandpa sues you then you will lose. From a legal standpoint, I question whether there was any "consideration" given by you in exchange for his statement that he was not going to sue you. Consideration is an essential... View More
A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... View More
answered on Jul 2, 2020
You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... View More
answered on Apr 16, 2020
What's your legal question? If you are being sued, you should defend the case. If enough money is at issue, hire an attorney.
March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.
-July 2019 Seller said again would get me documents to obtain insurance. (never happened)
-October 2019 paid in full the sale price.
-Dec 2019 Sellers... View More
answered on Apr 4, 2020
There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... View More
How long do I have?
answered on Mar 17, 2020
Depends on the court. Depends on any scheduling order that has been entered. Depends on whether a hearing has been scheduled. Depends on whether your opponent can add a thrid party as a matter of right. How's that for a lawyerly answer?
I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.
answered on Mar 10, 2020
A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... View More
It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?
answered on Feb 25, 2020
You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor... View More
My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal
answered on Feb 17, 2020
You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.
There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.
answered on Jan 16, 2020
You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that... View More
The judgement is from a car accident where I hit a rental with no insurance. I didnt go to court so I got a default judgement. I have no idea what I owe and my drivers license has since been suspended. So this in return has cost me a lot of legal trouble. I'm supposed to be paying an attorney... View More
answered on Jan 3, 2020
First, if your attorney won’t return your calls hire a different one, assuming you can pay.
Second, I’m not sure what you mean by “remove” the default judgment. If you seek to have it removed from appearing on Casenet, that is not likely to happen. If it was a default judgment... View More
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