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Missouri Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Missouri on
Q: If I’m being sued by a creditor and they have a lien on my bank account can I cash a check without it being touched?

Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 26, 2024

If a garnishment has been served and is has not expired, it would not be safe to cash a check.

1 Answer | Asked in Consumer Law for Missouri on
Q: Who must sign up for corporation?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 9, 2024

Your question is unclear. I don't know what you mean by "sign up for corporation." If you clarify you may get a useful answer.

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I just bought a new AC unit, which isn't working well.

Bought it on 6/14/24. Didn't even work as well as my 20 year old unit, which frankly I want back. The new one isn't even working now. What can I do? This is unacceptable.

I told the company I wanted the old unit back. No response so far.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 19, 2024

You can hire an attorney and file a lawsuit to recover your damages.

I don't know whether the company still has the old unit.

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
James L. Arrasmith
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answered on Mar 21, 2024

Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Missouri on
Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

James L. Arrasmith
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answered on Jan 26, 2024

Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers...
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2 Answers | Asked in Consumer Law and Health Care Law for Missouri on
Q: My groceries showed up from DoorDash with blood on them. As well as blood on my porch. not refund me. Have pics
James L. Arrasmith
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answered on Jan 18, 2024

In a situation where your grocery delivery arrives with blood on it, the first step is to document the issue thoroughly. Take clear photographs of the groceries and your porch as evidence. This documentation will be crucial in any subsequent actions you take.

Next, contact DoorDash customer...
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1 Answer | Asked in Civil Rights and Consumer Law for Missouri on
Q: Hi, I have experienced discrimination at my bank.

I am calling regularly to check on my account balances, and one person that answers occasionally at this bank is very rude and unprofessional, and It is very personal and discriminating I feel because of my Latino name. I called today and spoke with the manager about it.

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you are being discriminated against by an employee at your bank because of your Latino name, this is a serious concern. Discrimination in the provision of services, including banking services, on the basis of race, ethnicity, or national origin, is prohibited under federal law... View More

1 Answer | Asked in Consumer Law for Missouri on
Q: Can a electric coop go back 25 years and say you owe a bill just out of the blue and shut your service off?

I'm on a prepay plan and I went to credit my account and I had a 523.00 bill on my account. So I call them and they said it was from 25 years ago and I had to pay it to continue service. When i went in to have my account opened they won't even think about giving you service if you have... View More

James L. Arrasmith
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answered on Dec 20, 2023

In addressing your concern, it's important to understand that utility companies, including electric co-ops, generally have specific regulations and policies about billing and debt collection. The ability of a company to charge for a debt incurred 25 years ago can vary depending on the... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Missouri on
Q: Sue for a scam/ fraud?s

Sue for a scam/ fraud?

Hello, I had a question august 23rd/24th 2018 I sent money using cash with Western union and I was wondering if I could still sue the scammer cause i know all the deatails they do not live in the same state unfourtnalty but he does live in the US.

James L. Arrasmith
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answered on Jan 13, 2024

In cases involving scams or fraud, the possibility of legal action depends on several factors, including the statute of limitations, which varies by state and the type of fraud committed. Considering the incident occurred in August 2018, you should promptly check the specific statute of limitations... View More

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.

2 Answers | Asked in Consumer Law for Missouri on
Q: I received the following email and was wondering if I should pay or if it is a scam.

CASH NET USA DEPARTMENT

Attention,

LAWSUIT COURT CASE FILES NO: K13858464

LAWSUIT COST - $1771.75 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

SETTLEMENT AMOUNT - $1275.63

CONTACT AT: xxxx

1. If you can make a one-time payment of $750.75 (same... View More

Dayrell  Scrivner
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answered on Sep 15, 2023

This email appears to be a scam. First, the case number is not a valid Missouri number. Second, there would not be a "Warrant for Search and Seize", or anything like that, issued in a civil collections case. Finally, it is a dead giveaway when these scams use language like... View More

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2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
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