My wife and I are retirees who moved to Missouri in October 2021. After moving, we only had Social Security and government pension income and were not paying taxes to another state. We established a permanent residence in Missouri when we moved. Were we supposed to file a Missouri state tax return... View More

I'm a social studies teacher interested in using TikTok to share my passion for history. I plan to post excerpts from a nonfiction, historical book (which is under copyright) along with my personal commentary, takeaways, and connections to related historical facts. My TikTok account is not... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Your use of book excerpts on TikTok, paired with your educational commentary and historical connections, likely qualifies as fair use. Fair use is assessed based on factors such as the purpose of your content, how much of the work you share, and the impact on the market value of the original... View More

I have a warrant for failure to appear in Barry County, MO, and my bond is set at $23.25 or 24 hours in jail. Can I go to the jail, pay the $23.25, and be released?

I was assaulted by my sister's husband when I went to get the car from my brother's estate. Despite reporting the assault to multiple authorities, including the chief of police and the district attorney, no charges have been filed. The assistant county attorney decided not to file charges... View More

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

I work as an hourly manager, and my employer recently told me that I need to work over 80 hours biweekly to qualify for overtime pay, stating that my recent hours of 28 and 44 do not meet this threshold. Previously, I always received overtime without hitting 80 hours. We've had new management... View More

Robert Grant Pennell
answered on Mar 5, 2025

The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More

I visited a hospital in Poplar Bluff, MO, twice with severe pain. On January 3rd, 2025, I was sent to an OBGYN and diagnosed with a miscarriage. On January 28th, I returned to the hospital and was sent home diagnosed with menstrual cramps after a miscarriage. On my own, I scheduled an appointment... View More

I was the target of a sextortion scam two years ago where someone on Snapchat claimed to be an adult but later said she was a minor and demanded money via Cash App. They threatened to contact the FBI and sent a screenshot to my family members. An adult male was the one who actually sent the message... View More

I am 17 and currently living with my dad, who has legal custody of me. Due to ongoing yelling and fighting at home, I want to move out and stay with a friend's family. I've discussed this with my mother and my friend's parents. Can I move out at age 17 without my parents' consent?

I've been married to my husband, and he is struggling with drug addiction in Missouri. He hasn't expressed any interest in seeking help, and we don't have any legal documentation like a power of attorney. His addiction is taking a toll on our marriage, and although there are no... View More

I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More

Ronald J. Eisenberg
answered on Mar 4, 2025

I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.

The issues for the court to determine are (1) was the motion to revive the judgment FILED... View More

I believe I was wrongfully terminated from my job in Missouri due to attendance issues, possibly in retaliation for missing a few days. I worked at the company for almost two years and had accumulated some attendance points, but they were close to falling off. Recently, I was out sick and applied... View More

Robert Grant Pennell
answered on Mar 3, 2025

It is perfectly acceptable to discharge an employee for attendance. If you filed for FMLA but it hadn’t yet been reviewed, the common practice is to wait and see if it qualifies. If you had not formally submitted an FMLA request at the time you were discharged, then the company was acting on the... View More

I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More

Robert Grant Pennell
answered on Mar 3, 2025

Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.

I'm going through a divorce and my spouse and I are both co-borrowers on a vehicle loan. We've agreed that the vehicle will go to me, and I've made all the payments. Do I have to get the vehicle refinanced to remove my spouse's name from the loan?

I was sponsored for an H-2B visa by a company that misled me into believing I could obtain a visa extension. They promised we could stay under the extension process, but it never happened. I was sent back to my country, and now the company is not responding to requests for documentation. I... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

You're facing a challenging situation, as your H-2B sponsor misled you about your visa extension options and is now avoiding providing essential documentation. First, you should gather any records you have, including emails, text messages, or letters that prove the company's promises and... View More

I was in my first hearing in Jefferson County, Missouri, to regain custody of my daughters after they were taken by child protective services. During the hearing, I realized that the Department of Family Services (DFS) was not presenting the truth, and the judge seemed not to consider my attempts... View More

I sold my house, which my dad left to me in his will, but I never transferred the title. My oldest brother is terminally ill, and I want to temporarily put everything back in my name so he can stay with me. However, I'm now facing eviction from my current residence without a rental agreement... View More

I am concerned about my wife's legal situation. She has a new stealing charge and a probation revocation hearing scheduled in St. Charles County. She hasn't had any previous violations while on probation. Is there a chance she might go to jail?

I purchased a car from a dealership in Missouri on 2/27/2025. During the signing process, which took from 1:00 to 5:30 PM, I felt pressured and repeatedly expressed to the finance officer that my brain was fried and I couldn't understand everything he was saying. I was under the impression I... View More

Robert Grant Pennell
answered on Mar 2, 2025

Contrary to the public’s perception, there is no rescission right for contracts under Missouri law except for gym memberships and door-to-door sales.

I want to know if my daughter's stepmother can adopt her without my consent. The father has sole custody, but my parental rights were not terminated, nor did I relinquish them. My daughter is 11 years old and has expressed at different times that she doesn't want to live with the... View More