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Missouri Civil Litigation Questions & Answers
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.

2 Answers | Asked in Banking and Civil Litigation for Missouri on
Q: I need help on a money issue. Money was transferred into my account. I did not know who it was from when it happened.

Hello, I received a funds transfer on July 14th of $20,138.00. I called my bank and they said it was transferred from another account and could not see where from. I waited a week to touch the money just in case. Then I used to to help pay of bills. The day after touching the money I get a call... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 24, 2020

This isn't the answer you want to hear but I believe that if grandpa sues you then you will lose. From a legal standpoint, I question whether there was any "consideration" given by you in exchange for his statement that he was not going to sue you. Consideration is an essential... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Ameron suing over utility pole damage
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 16, 2020

What's your legal question? If you are being sued, you should defend the case. If enough money is at issue, hire an attorney.

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 4, 2020

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Objection to adding third party

How long do I have?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 17, 2020

Depends on the court. Depends on any scheduling order that has been entered. Depends on whether a hearing has been scheduled. Depends on whether your opponent can add a thrid party as a matter of right. How's that for a lawyerly answer?

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2020

A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Missouri on
Q: I just found out I'm being sued by a third party debt collector on a debt discharged in 2016. What are my options?

It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?

David Reese Fondren
David Reese Fondren answered on Feb 25, 2020

You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: How do I ask the courts to remove a default judgement from 2006 in which the SOL has expired and it's not been revived?

The judgement is from a car accident where I hit a rental with no insurance. I didnt go to court so I got a default judgement. I have no idea what I owe and my drivers license has since been suspended. So this in return has cost me a lot of legal trouble. I'm supposed to be paying an attorney... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 3, 2020

First, if your attorney won’t return your calls hire a different one, assuming you can pay.

Second, I’m not sure what you mean by “remove” the default judgment. If you seek to have it removed from appearing on Casenet, that is not likely to happen. If it was a default judgment...
Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: I was at fault in an accident, no insurance. Who do I pay?

The other person told me at the scene they would sue me if I didn’t pay for the repairs within a week of receiving the estimate.

They sent me the estimate but it says their insurance covers it. So do I contact their insurance company to reimburse them?

Tim Akpinar
Tim Akpinar answered on Jan 1, 2020

A Missouri attorney could advise best on how an insurance carrier would handle this, as insurance practices are governed by state law. But your question remains open for two weeks, and you were concerned about responding to the other person in a week. As a general matter in many jurisdictions, auto... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Missouri on
Q: How long after everything is finalized do you have to comply with court orders?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.

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