Get free answers to your Consumer Law legal questions from lawyers in your area.
My fathet and i ran a small busineas together where we dealt with many clients sending us (animals they harvested) in return we taxidermied them and sent them back to them.if i told a client their animal was done and ready to ship back, they sent us a check, i in return told them we would ship... View More
answered on Jul 29, 2020
I don’t know what you mean about the state trying to charge you. It either has or hasn’t charged you. If the latter then you should hire an attorney to defend the lawsuit. It would be the state’s burden to establish culpability on your end.
I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the... View More
answered on Jul 20, 2020
If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's... View More
I had used Google's "incognito" browsing option for sometime in searching sensitive information online, and have now come to find they have been saving and tracking my queries.
answered on Jun 8, 2020
This is a brand new case that was just filed last week.
There is no settlement, no judgement, nothing to claim at this point.
Class action cases take time, often 2-5 years from the time they are filed until they are resolved.
And there is no guarantee that the case will be... View More
She just bought it 3 or 4 months ago,and still makes house payments.
answered on May 22, 2020
If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.
answered on May 30, 2020
Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... View More
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
There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... View More
answered on Mar 14, 2020
If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.
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
Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?
answered on Feb 16, 2020
First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.
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
answered on Dec 7, 2019
Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).
The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:
1. The act, use or employment by any person of any... View More
I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... View More
answered on Nov 4, 2019
If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.
When researching a friends finances, I discovered that a garnishment in April 2018, was the second attempt to collect a debt that had been purchased sometime prior to November 2011, when the first garnishment order was filed for.
When questioning my friend concerning the information that I... View More
answered on Oct 10, 2019
Missouri judgments are valid for 10 years and may be revived for additional 10-year periods.
A garnishment was issued because a judgment was entered. A money judgment requires service of process. If your friend was not served, then she should hire an attorney familiar with process of... View More
The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna... View More
answered on Oct 1, 2019
Read the guide I wrote on how to set aside a default judgment.
https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html
Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA).... View More
I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... View More
answered on Aug 22, 2019
You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.
answered on Aug 27, 2019
I do not practice in Missouri, but your question remains open for four weeks. As a general matter, early payment penalties are usually governed by the provisions of the loan agreement. It's an individual contract between the auto finance company/bank and the car buyer, and different companies... View More
Resubmit Q rewritten: What legal regress / Protections are afforded Consumers when a Judge holds a Biased Court, refuses to let the Jury See Evidence /Hear Evidences of Willful, Wanton/Malicious Fraud, Misrepresentation of Consumers, Breach Of Contract by Owners of State Unlicensed Lodging... View More
answered on Jun 28, 2019
FYI: The "Judiciary" does not "prosecute" anyone. The judiciary adjudicates legal disputes arising between people and brought in various civil courts--and in some situations the judiciary also hears and decides criminal cases brought by state and federal prosecutors against... View More
How can you see the docket or what information do you need? I’m just curious as the hearing that’s coming up about this. I understand that me not working it won’t go away but they haven’t made any attempt to serve my ex at all.
answered on May 28, 2019
You should be able to go to your local circuit court and obtain a copy of all documents that have been filed in the case.
I don’t work and can’t work and showed proof to the lawyers via email like they asked so if I can’t work and they won’t serve my ex husband what happened at that point
answered on May 24, 2019
Without seeing the docket entry, there's no way for me to answer that question other than to guess that maybe they only got one fo the two of you served and the next hearing is on a motion to review but as to the other one of you.
Whether you do or don't have money to to pay the... View More
What does this mean? REVIVAL OF JUDGMENT CALLED, HEARD AND SUSTAINED. THEREFORE, THIS COURT HEREBY REVIVES THE ORIGINAL JUDGMENT HEREIN WITH COSTS TO BE PAID BY DEFENDANT. FOR ADDITIONAL TEN YEARS, AS PROVIDED BY LAW
answered on May 24, 2019
Missouri state court judgments expire 10 years after the latter of entry of judgment or a payment on the record towards the judgment, such as a garnishment payment received.
The docket entry you quoted suggests that the plaintiff file a motion for revival of judgment, had a hearing, and got... View More
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