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Missouri Questions & Answers
1 Answer | Asked in Collections for Missouri on
Q: I live in Missouri. I am in collections and the collector states their attorney is due 50% of the principal.

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

2 Answers | Asked in Uncategorized for Missouri on
Q: Help with academic misconduct and academic shortfalls and remediation along with Ada issues

Told look in book

James L. Arrasmith
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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...
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1 Answer | Asked in Constitutional Law for Missouri on
Q: so should we remove the part of the constitution the says the blessing of liberty to ourselves & our kids

& 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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Missouri on
Q: During job interview, I was promised to work from home. Now they want me in house. Is this legal?

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

Robert Grant Pennell
Robert Grant Pennell
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.

2 Answers | Asked in Criminal Law and Constitutional Law for Missouri on
Q: k is the united states citizens a free people or not simple answer yes or no legally do they have liberty not liberty's
James L. Arrasmith
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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.

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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Is not being free having their liberty a united states citizens privilege as the constitution states secure the

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

James L. Arrasmith
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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

1 Answer | Asked in Health Care Law for Missouri on
Q: Doctor said I could leave hospital if I wanted but if I did it would be AMA and my insurance would refuse to pay.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: ok i know john lock believed in freedom & privacy but not multiple people having privacy at a moment well u.s. founders

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

James L. Arrasmith
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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....
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1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
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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

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

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 .

James L. Arrasmith
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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

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

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 ?

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

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 ?

Joel Gary Selik
Joel Gary Selik
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

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1 Answer | Asked in Family Law for Missouri on
Q: Can a CPS caseworker remove a child from a home without a court order and does a police officer accompany them?
James L. Arrasmith
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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

1 Answer | Asked in Federal Crimes for Missouri on
Q: How long can a federal judge pend a ruling for a detention hearing

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

James L. Arrasmith
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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

2 Answers | Asked in Collections for Missouri on
Q: I have a $5,000 court judgment against a company in Howell County Mo. How do I collect?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

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1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does emergency guardianship override parental custody rights?

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

Lloyd  Nolan
Lloyd Nolan
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.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

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

James L. Arrasmith
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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

1 Answer | Asked in Health Care Law for Missouri on
Q: involuntary commitment paperwork was turned in and a judge denied it. can I write the judge asking him to reconsider
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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

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

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

James L. Arrasmith
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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

2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
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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

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