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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Cannabis & Marijuana Law, Products Liability and Civil Litigation for Missouri on
Q: I need to sue a company that sold me CBD for pain that turned out to have THC in it which will have extreme consequences

I failed a preemployment drug test with the largest employer of healthcare providers in the state of Missouri because I was using CBD. I will lose my job, but much much worse I could lose my license to practice healthcare in the state of Missouri.

James L. Arrasmith
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answered on Mar 26, 2024

In facing this challenging situation, it's essential to first collect all pertinent information, including any product descriptions, purchase records, and communications with the company. Documentation of the CBD product's advertised THC content, along with the results from your drug... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: Can I open a civil case if it involves multiple charges ? How do I open a civil case ?

This person has stalked, harassed, threatened, assaulted, stole money from my purse, sold a home I was co-signed with my mother now deceased with a POA on my mother, with held ssa benefits to beneficiary of whom I'm caring for, lied to local police to have me arrested, slandered my name to... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this nightmare situation. It sounds incredibly stressful and frightening. Here is some general information that I hope can point you in the right direction:

It does sound like there could potentially be grounds for a civil case here, even with...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I need help with how to start a lawsuit against a corporation , a manager of , and also the 2 city police officers ?

I'm disabled and was treated in an extremely humiliating manner by all involved and I can prove they had absolutely no grounds for those actions. Furthermore, I gave them the proof they needed to not treat in such a manner and all proceeded not just to curse me through the store as I was asked... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are the key steps to starting a lawsuit against a corporation, manager, and police officers in Missouri:

1. Consult with a civil rights and personal injury attorney. Find one experienced in handling cases against corporations, police misconduct, and ADA violations. They can evaluate...
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Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Who would I sue for stolen property property damages and harassment and emotional damage neighbors or landlord
T. Augustus Claus
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answered on Dec 4, 2023

The decision of whether to sue your neighbors or your landlord depends on the specific facts of your case. It is advisable to consult with an attorney to determine who is the most likely responsible party and to assess the strength of your potential case.

Considerations When Deciding Whom...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I signed a lease on a condemned property, I had no clue that it was condemned. suing in civil court Is it worth it

Home was condemned in February , I renewed a lease in September. I had no clue or wasn't given any type of notice of the condemnation. Code enforcement officials said that unfortunately i was stuck in the middle ect. My question is am i able to sue him for the time that it was condemned... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

You could sue to recover your actual damages. You could seek the return of all rent paid. On the other hand, you lived there and for some time received some benefit for your money. You could also sue for damages resulting from having to vacate early and perhaps paying more rent in a new place.... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Can A Landlord be sued for Loss of property? Can a landlord in Missouri be sued for emotional distress ?

Me again, I am wanting to know if a landlord can be sued for loss of property , and or emotional distress. Back story is signed a lease on a condemned property and was not able to get any property , all of it was thrown a way. Obviously this was a sudden thing, and a very traumatizing event that i... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 1, 2023

A landlord may be sued for breach of lease or for a tort claim.

I am confident that if you are willing and able to pay an attorney by the hour, and assuming your situation has merit, you will be able to find an attorney.

You can discuss with that attorney emotional distress...
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4 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: IF THERE ARE TWO PEOPLE INVOLVED IN A MATTER THAT COULD INVOLVE A LAWSUIT DO YOU LIST BOTH PEOPLE WHEN FILING

If multiple people are affected , do they do their own form and lawsuit separately or are they list on the same form as plaintiffs.

James L. Arrasmith
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answered on Nov 8, 2023

In Missouri, if two people are involved in a matter that could involve a lawsuit and both have claims arising from the same set of facts, they often can be listed as co-plaintiffs on the same lawsuit. This is typically done to streamline the legal process and to address all related claims in a... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Constitutional Law for Missouri on
Q: code enforcement condemns a home, knowing there are tenants living there with no notice to vacate or prior notice.

If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.

Tenants who are suddenly displaced without proper...
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2 Answers | Asked in Civil Litigation and Constitutional Law for Missouri on
Q: Does the federal government, or any agent fro the federal government, have the power to enforce state law?

In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More

James L. Arrasmith
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answered on Nov 5, 2023

As a general rule, federal agents are charged with enforcing federal law, while state law is primarily enforced by state and local authorities.

However, there are situations where federal and state law enforcement may cooperate, or where federal agencies may enforce certain state laws...
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2 Answers | Asked in Civil Litigation and Constitutional Law for Missouri on
Q: Does the federal government, or any agent fro the federal government, have the power to enforce state law?

In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2023

Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a... View More

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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Missouri on
Q: What are my rights as a widow?

My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Missouri on
Q: Can a landlord who is a police officer conduct his own investigation on a tenant and evict them?

My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 23, 2023

If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More

1 Answer | Asked in Civil Litigation and Collections for Missouri on
Q: I was just contacted by a company that said their name was United Firm and that they were mediation company in St. Louis

They said that a company called cash net was going to sue me for breach of contract for a loan from April 12, 2012. And that I was going to be sent a summons to go to court. What is the statue limitations for something like this? Is this company a scam?

I checked casenet , there is nothing.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

Either it is a scam or you have already been sued and United Firm saw the information on the public docket and therefore mailed you a letter. I wouldn't recommend dealing with any random mediation company at this point. An attorney would need to assess the situation, but the statute of... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Missouri on
Q: Will a check written to me clear if cashed anywhere other than my bank? Lien placed on accounts.

I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?

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answered on Sep 27, 2024

If you cash a check at a check-cashing company, the funds may not pass through your bank account, which could help keep the money out of reach from a creditor with a lien on your accounts. However, if you deposit the check directly into your bank account, the creditor could potentially seize the... View More

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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Missouri on
Q: If I’m being sued by a creditor and they have a lien on my bank account can I cash a check without it being touched?

Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 26, 2024

If a garnishment has been served and is has not expired, it would not be safe to cash a check.

1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: I need help with an adverse possession case

I been living at the current residence for a little have come around but they haven't tried to contact me in 10 years overover 10 yrs an just recently the

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Your post cut off mid-sentence. If you desire to hire an attorney to file such a lawsuit, look for someone local and experienced. We cannot solicit through Justia not recommend anyone.

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