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Missouri Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Missouri on
Q: Ive got a case against me for deceptive business practices.

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can I sue the seller or contractor?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Consumer Law for Missouri on
Q: Is it possible to join in on this lawsuit? I feel that my personal privacy has been violated.

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.

Adam Savett
Adam Savett
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...
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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: My Mother in-law is 80 on social security can;t afford new car any longer if let car go back can they garnish her check?

She just bought it 3 or 4 months ago,and still makes house payments.

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Consumer Law, Real Estate Law, Agricultural Law and Environmental for Missouri on
Q: what is the penalty for negligent burning in the state of Missouri? It is a class C misdemeanor.
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

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

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

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

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

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.

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Consumer Law and Business Law for Missouri on
Q: I live in Missouri. I hired an electrician from Arkansas to re-do all the electric in my campground 9 months ago. I have

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

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.

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Consumer Law for Missouri on
Q: Does the state of Missouri have protections for consumers victimized by contractors?
Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

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

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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.

1 Answer | Asked in Consumer Law for Missouri on
Q: What can be done concerning a garnishment for a debt that you don't owe & the original garnishment was orderd 3-2012?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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)....
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1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Consumer Law for Missouri on
Q: What is the penalty / law in Missouri for paying off an auto loan early?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Missouri on
Q: Owners of Lodging Establishments Selling 5 Bedrooms to Consumers 7-20 years without mandatory State License RSMO Chap315

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: How can you look at the docket for me?

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.

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: Well my next question on that is there is another hearing schedule so what could this hearing be about?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: I have a question about a judgement my ex husband and I got

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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