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Missouri Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Missouri on
Q: So I was like 13 days late paid $5 over in the pass they never changed me but now they want to charge me late fees

So they want to charge me late fees for late fees even know I paid in full in pass they never changed me what can I do the locked it up and are still charging me late fees for late fees

1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Small Claims for Missouri on
Q: My children ages 8 & 5 were let off the school bus purposely at the wrong stop 3-4 blocks away. My daughter has being

Crying afraid of being lost. What legal actions can I take?

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for the trauma experienced by your daughter; I hope she experiences a healthy recovery. At this point, you could reach out to Missouri attorneys to discuss what causes of action exist under Missouri... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: What's my best defense against, an AC Breach of contract suit?

I took out a loan prior to Covid hitting in 2019. Hardships hit and forced an emergency relocation by and I forgot completely. Till one day I get served a civil summons for AC Breach of contract. $450.00 and 398.517% interest per annum. Any help appreciated.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 28, 2022

You have not articulated any reason that you do not owe the sum sought. That being said, you are entitled to seek a trial if you wish. Given the sky-high interest rate sought, there is a lot at stake, plus if you signed a contract with that interest rate a judgment may grow at the contractual... Read more »

1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: How can I have ex boyfriend pay me money owed from fixing his car? Can I put a lien on his car title?

I paid more than $10,000 in car parts and still haven't been paid back

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Nov 30, 2021

You cannot put a lien on his vehicle. You can sue him. Whether that makes sense, however, depends on many factors.

1. Did you have an agreement with him to repay the money? If so, was the agreement oral or written?

2. If you were to sue him, would you be able to collect the...
Read more »

3 Answers | Asked in Bankruptcy, Collections and Small Claims for Missouri on
Q: Can a small claims garnishment put a levy on all bank account of a head of household with three small children

Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.

Timothy Denison
Timothy Denison
answered on Aug 21, 2021

Yes.

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1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: sue a hotel my vehicle was stolen. No security,lights outside not good,was not told very high crime and no signs

I have pictures of building. And cameras.dark are where my truck was stolen. I can prove negligence.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 22, 2021

If you can prove negligence then you’ve answered your own question. I’m not sure what kind of response you are seeking.

Part of proving negligence is proving a legal duty owed to you from the hotel.

1 Answer | Asked in Small Claims for Missouri on
Q: How do I get a delinquent account off of my credit?

We purchased a home in April of 2020. Our lease with Lake Broadway townhomes in Columbia MO was not set to expire until the end of July 2020. We moved out with 3 months notice to our leasing office and returned the keys at the beginning of May. They sent us to collections for our rent for June... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 9, 2021

Unless your real estate agent is an attorney, you shouldn't take legal advice from him. In fact, if he is giving you legal advice he's arguably engaging in the "unlawful practice of law" or "doing law business," each of which can be a misdemeanor under Missouri law.... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: Is there a form I can fill out to make a motion and order to revive a judgment? I was told I could represent myself

It is a small claims court judgment that will be 10 yrs old in April. We finally were able to garnish his wages recently but the total won't be paid before the 10 yrs is up in April. If so, where do I print/copy them off so I do this right. Thank you!

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 18, 2021

I've got good news for you. If you garnished part of the judgment and the payment shows up on the court record then the payment automatically revives the judgment for another 10 years. If there is no payment on the record then you'd need to figure out how to file a motion for revival of... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: How do I proceed with this issue...I believe it’s fraudulent and just want my money back.

I have a possible issue with possible fraud. I basically gave an online entity money in exchange for helping me to build my real estate business. They promise in 10 weeks they will get you at least 1 new client with their program and of course they did not deliver. I paid them a bunch of money up... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 14, 2020

Consult with an attorney with litigation and contract experience. Collectibility of a judgment should be of concern to you. For example, you might not be able to registered a small claims judgment in another state's court.

1 Answer | Asked in Adoption, Animal / Dog Law, Personal Injury and Small Claims for Missouri on
Q: A dog was hit by a random person infront of my home didn’t have chip or collar so took to vet told them we were adopting

Paid 1,000 dollars owner came forward doesn’t have proof of ownership get gave dog to owner but I can’t get my money back or the dog that I said I was adopting and didn’t ask for proof of ownership what do I do

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Nov 2, 2020

I don't believe that you have a cognizable claim to file. Missouri recognizes the "doctrine of necessaries" as to a married couple, i.e., if the medical services patient received were necessary and patient maintained no separate assets, one spouse would be liable for the reasonable... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I have a really problem here it's my first time renting a apartment. And my question is about paying my rent

I paid my landlord $200 for deposit and 525$ for the rent But the date was june 29,2020 and the landlord called and says I need to pay my rent for July ..but my question is what about the 525$ What is for ? Is it only for the 2 days of june ? I need some answer please

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 2, 2020

You'll need to read your lease. Generally, rent for the month is due on the first of the month and if someone moves in mid-month the tenant owes pro-rated rent for the first month.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jul 29, 2020

This isn’t a small claims question given the amount at issue and the relief that you might be seeking. You very well might have a viable claim for specific performance, i.e., to force the sale. Consult with an attorney to help you assess whether investing in a lawsuit makes sense for you.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Missouri on
Q: Large wheel sized rockinstore lot went unnoticedand scratched and dented my car was told by store people must've moved'e

There are two lines of rocks in this alley behind store one extends more than length of store but opposite the building, the other is about three or four of them against the back wall of the store. Now usually these rocks have remained in position; ive never seen them moved. This time drove into... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2020

A Missouri attorney could advise best, but your post remains open for a week. There wasn't a question, but I think you might be wondering if you can bring a claim. Based on the description, it sounds like it would be difficult. When you say "pumps," that suggests gas pumps, which... Read more »

1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
Read more »

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
PREMIUM
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... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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