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Missouri Civil Litigation Questions & Answers
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.

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... 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... Read more »

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