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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

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
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 Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

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

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Litigation and Civil Rights for Missouri on
Q: Me and my boyfriend got pulled over for having a tail light out and for some reason the officers scheduled the car

For drugs and there was some Marijuana found but I did not know about any of it now I am being charged with a class D felony and two misdemeanors, what do I do, how can I get these charges dropped?

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

See if you qualify for a public defender and/or speak with a criminal defense attorney.

2 Answers | Asked in Civil Litigation for Missouri on
Q: If this is someone's first offense what are the chances of jail time
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 6, 2021

Murder—pretty high.

Driving without insurance—pretty low.

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1 Answer | Asked in Civil Litigation for Missouri on
Q: In Missouri, do I need to be present to file and follow through with a civil suit?

I paid a small business in MO to clean my townhouse and the job was botched. My landlord was not satisfied and took over half of my deposit to get the place cleaned. The small business owner that did the botched job said she will give me a full refund but I have not received it and she has blocked... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

Unless the circuit court in which you wis to file suit is doing hearings through Zoom or Webex, you'll need to come to Missouri for your trial.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Civil Litigation for Missouri on
Q: Is there no requirement for notification? I didn't know this had even been issued until I was detained.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 14, 2020

A request for body attachment would have been filed with the court. If you ignored a deposition subpoena then you would not have received notice of the body attachment before being served with it.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I need advice on a writ of body attachment. Details are in the "more information" area.

I had a sheriff deputy come to my house and detain me using a Writ of Body Attachment. I was booked into the county jail and held for 8 hours until my husband could get home from work , borrow money from friends and post bond.

This writ was issued in March (unbeknownst to me) after our... Read more »

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

You probably failed to appear for a debtor examination and therefore the body attachment was issued. I suggest you hire an attorney to review the court file (that can be accessed online from an attorney) and to give you advice. A body attached, as you learned, is a serious thing. A purpose of... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Who do you report your county court house to for not obeying there own laws
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 9, 2020

Your question is rather vague so it's tough to answer. You didn't indicate what laws are not being obeyed. If you add some context you might get a useful answer. In addition, you indicated that you are in Colorado but posted the question under Missouri.

1 Answer | Asked in Civil Rights and Civil Litigation for Missouri on
Q: Do I have a civil case if a Walmart employee committed a crime against me (meaning Walmart did not create a safe environ

I paid $350+ for a Walmart Grocery pickup order. One of the employees there got into a very heated conversation with me and said "I'm gonna F**K you up, you B***H F****T " among other things. Ultimately, I was never given my order and I had to just accept the abuse.

I think... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

I’m sorry that you were subjected to such unprofessional treatment. You ask if you “have a case.” You have a case if you sue and have a case number assigned.

Given that your actual damages would be tough to calculate and it doesn’t appear that you were physically harmed, you are...
Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I signed a Liability Waiver but the damage is still occuring do is the company still liable?

I had a HVAC unit installed via a grant program, the subcontractor upon install did the following:

Did not ground the unit properly which caused my dog to be shocked to death

Unit went on emergency mode and blew 97 degree temp heat out and was not able to shut off, so I had to put... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 22, 2020

An attorney would need to review the contract. Even if you couldn’t pursue a claim for breach of contract, Missouri’s consumer protection statute, the Merchandising Practices Act might be an avenue for legal relief.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I bought tickets to a rock festival that was moved to a new venue due to Covid. The event organizers offered a refund.

But now the event organizers are saying that the ticket company is responsible for refunds. They are simply passing the buck. Please advise.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 18, 2020

You have to determine the party with whom you contracted.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I have two payday loan companies suing me. If I do not go to court can I go to jail?

I lost my job due to covid19 so I don’t have money to take. What can they do to me?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 28, 2020

No, you won’t be jailed. It’s a civil suit. If you fail to appear, however, a default judgment will be entered against you and the plaintiff will likely get awarded whatever it requests.

If you show up you might be able to negotiate a payment plan.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2020

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Missouri on
Q: I am being sued for a medical debt. The account number on the contract for the hospital and the bill from the hospital.

The account number is missing 2 numbers. Example: contract signed at hospital. J1234567. Account number on bills they sent me after service have J001234567. The 2 account numbers don't fully match. Can I use that to get the case dismissed?

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

I hope you have a better defense than that one because it doesn’t sound like a winner.

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