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Missouri Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Missouri on

Q: How long does a judgement for medical bills remain in missouri

I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!

Ronald J. Eisenberg answered on Jun 5, 2019

Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside

It sounds like the judgment might expire this year....
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on

Q: What are some ways to list grounds on a habeas corpus writ to make it stand out?

I have heard that for a habeas corpus writ 2254 you have to list grounds in a way that it stands out to the judge for them to even pay attention to it what does this mean and how do I do this?

Ronald J. Eisenberg answered on May 2, 2019

There's no simple answer other than that most habeas petitions get denied and you'll increase your chances of success by hiring an experienced attorney with habeas experience to represent you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on

Q: My husband is serving 15 years for a crime he did not commit what can I do?

My husband pled guilty to a crime in 2012 that he was not guilty of he She in fact was being shot in air lifted across She in fact was being shot in air lifted across town at a different address at the time of the burglary but his lawyer led him to believe that because he was on the person's... Read more »

Ronald J. Eisenberg answered on Apr 14, 2019

It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the... Read more »

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Small Claims for Missouri on

Q: I missed my court date. Im getting sued small claims

Can i motion to vacate or Do i trial de novo

Ronald J. Eisenberg answered on Sep 4, 2018

Just seek a trial de novo.

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: My landlord just took my fiance and I to court and filed eviction we want to appeal. How can we do that.

Ronald J. Eisenberg answered on Aug 31, 2018

It's very complicated. Here are instructions from the Missouri Court of Appeals from the Eastern District of Missouri.

https://www.courts.mo.gov/file.jsp?id=128333

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: Need help with appealing a eviction judgement that was unlawful

they gave me a eviction judgement without giving ne tine to find sonething speaking we are a family of three all disabled.. two are my sons

Ronald J. Eisenberg answered on Jun 17, 2018

I am sorry that a judgment for possession was entered against you. You have not given any explanation as to why you believe the judgment was "unlawful." Regardless, I suggest you begin making quick plans to vacate if there has not yet been an execution. You could contact legal services in your... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Support and Constitutional Law for Missouri on

Q: Under the Constitution 322 U.S. 13 Amendment is child support illegal

Ronald J. Eisenberg answered on May 21, 2018

No, it’s not slavery.

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: Once a case has been heard at the Missouri Western Court of Appeals, how long before an answer is handed down?

Robert Jason De Groot answered on Nov 11, 2015

You asked this over 5 years ago. Asking your lawyer was the thing to do back then.

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: How do you actually set an appointment for the appeal of a revocation?

Robert Jason De Groot answered on Nov 11, 2015

You don't do that, you get an attorney.

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: Was diagnosed with cardiomyothopy in march my doctor advised me to sign up for SSI! I did so in April, was feeling

Better so asked to let me return. Went bk to work in Aug since I had used my 12 wks job secured fmla wld have to get points for leaving! Got terminated in Oct there are may discrepancies between me and hr! Can I appeal both unemployment and SSI! Have 2 kids and no income

Robert Jason De Groot answered on Nov 9, 2015

You needed the advice nearly 2 years ago.

1 Answer | Asked in Appeals / Appellate Law for Missouri on

Q: How do I appeal a downgrade of my CDL license, for not having a medical card.

Robert Jason De Groot answered on Nov 8, 2015

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