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Missouri Civil Litigation Questions & Answers
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 allows you to... 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 of... 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.

1 Answer | Asked in Civil Litigation for Missouri on
Q: He shipped November 24th. They received him November 25 . He passed December 11. He took him to the vet on Nov 30.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 23, 2019

The buyer might not have a good claim for breach of contract but could sue under the Merchandising Practices Act, but, in short, would need to prove that you made a misrepresentation or failed to disclosre a problem witht the animal's health.

2 Answers | Asked in Civil Litigation, Products Liability, Agricultural Law and Animal / Dog Law for Missouri on
Q: I sold a pup to an individual in FL it shipped to them after it arrived it got sick and passed. Whats my liability?

I have a 10 day no death guarantee. He received the pup on 11/25 he took to the vet 11/30 puppy passed 12/11

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 22, 2019

Sounds like it would depend on when the dog died.

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1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: Can I not let a housekeeper in room if I don't want service

I work nights and sleep days. Been here 9 months plus. Have let them in in the past. Nothing wrong want to be left alone to sleep

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

You've not indicated anything about your living arrangement, i.e., is it a hotel, motel, apartment, or room in someone's residence. Without knowing more, it's impossible to answer your question. I suggest you report or edit your post if possible.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I am being evicted and . I am in Missouri. Can I file an Application for Stay of Execution to allow longer to move

I have not been able to pay rent due to illness and unable to work

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 6, 2019

Unfortunately, a tenant's financial and physical conditions are not relevant to whether a writ of execution may issue and be carried out. You can certainly filed whatever you wish but, realistically, it won't be granted and the execution will likely be carried out before you could get your motion... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Civil Litigation and Libel & Slander for Missouri on
Q: A local competitive Audiologist is using slander against my company and myself, Happened over 5 times now, what can I do

He works under our local ENT whom my patients visit for other issues and then it turns into a hearing test and recommendation they buy hearing aids from him. He asks how much they paid and whom he bought from? Then he slanders and bad mouths the price they paid and me personally, since I have done... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 25, 2019

I'm sorry to hear about your situation. In order to form an opionion as to whether you've been defamed and whether it would be worth suing for defamation, I would need to know what was said, when, and other information relevant for a defamtion claim. Defamation cases are difficult under Missouri... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Missouri on
Q: If I sign a contract for a show dog, how much right does the seller have over the dog after the sale?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 4, 2019

Unless the contract states otherwise, most likely none.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I am being sued by a credit card company. I work out of state and will not be available for the for the court appearance

Can my lawyer appear for me in the state of Missouri?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 26, 2019

Yes, a lawyer may appear for you at the initial call docket hearing so long as the lawyer is admitted to practice law in Missouri. My answer is based on the assumption that the case is not set to be tried on the next court date. If it is, and if you plan to testify, it would be wise to be there.... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on
Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: Is a copied contract admissible as evidence in the MO business records statute? Under what statute is it?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 11, 2019

The business records statute allows for copies.

Here's a link to the statute. https://law.justia.com/codes/missouri/2005/t33/4900000692.html

I hope it proves useful.

1 Answer | Asked in Civil Litigation, Criminal Law, Animal / Dog Law and Civil Rights for Missouri on
Q: Can an officer give you a ticket 2 weeks after the fact when he didn't address the issue the day of?

2 weeks ago my aunt called me and told me that the cop was at her house saying my dog and some other dog were wondering town and apparently bit another dog. I told my aunt there is no way it was my dog. I then asked to talk to the officer and he told me that someone needed to come get my dog... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 5, 2019

Yes.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Missouri on
Q: Owners of Lodging Establishments Selling 5 Bedrooms to Consumers 7-20 years without mandatory State License RSMO Chap315

Resubmit Q rewritten: What legal regress / Protections are afforded Consumers when a Judge holds a Biased Court, refuses to let the Jury See Evidence /Hear Evidences of Willful, Wanton/Malicious Fraud, Misrepresentation of Consumers, Breach Of Contract by Owners of State Unlicensed Lodging... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

FYI: The "Judiciary" does not "prosecute" anyone. The judiciary adjudicates legal disputes arising between people and brought in various civil courts--and in some situations the judiciary also hears and decides criminal cases brought by state and federal prosecutors against people accused of... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Missouri on
Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Missouri on
Q: I worked for a Missouri company. I quit due to disagreements, the owner still has my information on her site.

I now live in Oklahoma. The business in is Missouri, where I lived when I worked there. I have asked for my information to be removed so I will stop getting daily calls and emails for her company. She refuses. It has been since Dec. 2018.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 17, 2019

You didn't ask a question. If you want to know what you can do, my first answer would be to request the removal of your information. But you've already done that. Hire an attorney to write a letter demanding removal.

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