Get free answers to your legal questions from lawyers in your area.
I was served to appear in court, however I believe Missouri has a limit on fair attorney fees at 15%. The attorney is charging 50% for filing the suit. Is this a FDCPA violation?
answered on Apr 30, 2024
You may be referring to Section 408.092, which limits attorney’s fees for enforcing credit agreements. There’s not a general 15% cap. Ultimately, if tiki lose the court will determine the amount of reasonable attorney’s fees.
Told look in book
answered on Apr 3, 2024
If you are experiencing academic challenges or shortfalls, there are positive ways you can do this:
- Offering study tips and strategies to learn the material
- Helping explain concepts you find confusing
- Brainstorming ideas for papers or projects
- Proofreading... View More
& where it says for the government is to secure liberty Arrasmith its unconstitutional the courts think they are liberating the u.s. but you clearly are in agreement that they are enslaving the u.s. which is an act of war & so is invading,looting & murder it is treason it's against... View More
answered on Apr 3, 2024
The U.S. Constitution remains the supreme law of the land. While people may have differing opinions on how it should be interpreted and applied, advocating for the removal of key sections like the Preamble's mention of securing the blessings of liberty goes against the foundational principles... View More
When I was interviewed for this job, I was told this will be work from home. This is one of the two reasons why I took this job. (The other was the pay rate) I was told I would have to work 2 days in the office per week, starting out to operate a laser engraver. It's now been two years and... View More
answered on Apr 1, 2024
You can ask, but as an at-will employee, either party can change the terms of employment at any time. The other party can then accept or reject those terms. In other words, the employer doesn't have to agree to let you work from home.
answered on Apr 1, 2024
No, the United States citizens are not legally free in the sense of having complete individual liberty. While the U.S. Constitution and laws protect many important individual rights and freedoms, there are also many legal restrictions on personal conduct.
Blessings of Liberty to ourselves and our Posterity
& the militia is to make sure it is a free state with the 14th amendment that says no law shall be created that deprives a united states citizen of its privilege within the theory of liberty or concept the only act that can be criminal... View More
answered on Mar 31, 2024
The Constitution of the United States indeed enshrines the preservation of liberty as a core principle, aiming to secure the "Blessings of Liberty" for both current and future generations. This commitment to freedom is a cornerstone of American democracy, guiding the governance and legal... View More
I've never heard of this being a thing, but the doctor sounded so certain. I'm on Medicaid through Missouri. I don't see them refusing the insurance bill
answered on Mar 30, 2024
When you leave a hospital against medical advice (AMA), there can indeed be financial and health repercussions. Your doctor's warning stems from the concern that insurance providers, including Medicaid, may not cover the costs of a hospital stay if the discharge is AMA. This policy is intended... View More
did the constitution & the bill of rights all are designed for the duel 2nd amendment to congress providing common defense & liberty that was a private right of ours when we was a free people now days we don't or can't duel because why we are not free & don't have no... View More
answered on Mar 30, 2024
You raise some interesting points about the historical context and philosophical underpinnings of liberty and rights. Let me try to address a few key aspects:
The ideas of John Locke and other Enlightenment thinkers like Montesquieu and Rousseau were highly influential on the U.S. Founders.... View More
Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .
answered on Mar 28, 2024
If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More
Must I appear in court . I expect a default decision against me .
I don't believe that a credit card company can make me pay them.
Am I correct .
Do you have any additional advice ?
Thank You so very much for your help .
answered on Mar 28, 2024
If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More
I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?
answered on Mar 27, 2024
When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.
Once a judgment is entered, bank accounts... View More
I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.
Should I appear in court ?
answered on Mar 27, 2024
You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More
answered on Mar 25, 2024
If you are dealing with a situation involving Child Protective Services (CPS), it's important to understand your rights and how the system works. Generally, CPS caseworkers can remove children from their homes if they believe the children are in imminent danger of serious harm. However, this... View More
How long can a federal judge not rule on a detention hearing ? We had a detention hearing in court 3 weeks ago with the judge taking it under advisement but not ruling on it. We haven’t heard anything since then. When I asked our attorney he told me it doesn’t matter she will rule when she... View More
answered on Mar 25, 2024
In the context of federal court proceedings, there isn't a specific, legally mandated time frame within which a judge must issue a ruling following a detention hearing. The duration can vary greatly depending on the complexity of the case, the judge's schedule, and the volume of cases... View More
Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More
answered on Mar 24, 2024
The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More
I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More
answered on Mar 23, 2024
No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.
Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More
answered on Mar 21, 2024
In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More
answered on Mar 21, 2024
If a judge has denied involuntary commitment paperwork, you have the right to seek further clarification or reconsideration, but this process must be approached with respect to legal protocols. Writing to the judge directly to request a reconsideration is generally not the standard approach in... View More
In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More
answered on Mar 21, 2024
In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More
answered on Mar 21, 2024
Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.