She can reject the lease under her bankruptcy and just walk away (if it’s a Chapter7). The debt would then fall to you to pay.

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

You can sue the buyer for breach of contract or specific performance.

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.

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... View More

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

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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

To answer your question about whether you may terminate your contract, an attorney would need to review the contract. There are exceptions, but parties generally cannot unilaterally terminate contracts.

There is no way to answer this question effectively without reviewing the contract and assessing the facts. For example, was this a sale solicited at your home? How much time has passed? In general, parties are bound by the written terms of a contract but contracts can be breached.

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

The answer depends upon whether the court would strictly enforce the notice requirement. I would think that a court would or should enforce the contract as written, but no attorney is going to be able to tell with certainty how a judge would rule.

I suggest that you hire a local attorney... View More

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answered on Jan 18, 2024

Receiving a 1099-C form generally indicates that a debt you owed was canceled or forgiven, and the IRS considers this canceled debt as taxable income. However, if you believe that the vacation club's claim is not valid, especially since you didn't receive any goods or services, it's... View More

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.

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

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answered on Oct 23, 2023

If two parties agree to jointly sign a lease and one party signs it without the other's knowledge or consent, this could be seen as a breach of their verbal or written agreement. Whether it's considered a crime largely depends on the specifics of the situation and the agreements made... View More

Anyone can pay the filing fee and sue but I don’t think you’ll win a lawsuit based on an oral promise to lend money. One of the essential elements of a claim for breach of contract is “consideration.” I that element is lacking.

You have the cart in front of the horse. You need to be asking “what are the legal repercussions of knowingly writing a bad check.” The answer is it is a crime, and you can be pursued criminally by the prosecuting attorney or civilly by the lender to whom you wrote the check knowing it would... View More

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answered on Sep 11, 2023

Under the McKinney-Vento Homeless Assistance Act, which is a federal law applicable in Missouri, school boards are prohibited from denying a child access to education solely based on their homeless status. This legislation ensures that homeless children and youth have the right to a free and... View More

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.