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Missouri Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Consumer Law for Missouri on
Q: What can be done concerning a garnishment for a debt that you don't owe & the original garnishment was orderd 3-2012?

When researching a friends finances, I discovered that a garnishment in April 2018, was the second attempt to collect a debt that had been purchased sometime prior to November 2011, when the first garnishment order was filed for.

When questioning my friend concerning the information that I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Missouri judgments are valid for 10 years and may be revived for additional 10-year periods.

A garnishment was issued because a judgment was entered. A money judgment requires service of process. If your friend was not served, then she should hire an attorney familiar with process of...
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1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna be in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

Read the guide I wrote on how to set aside a default judgment.

https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html

Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA)....
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1 Answer | Asked in Consumer Law for Missouri on
Q: What is the penalty / law in Missouri for paying off an auto loan early?
Tim Akpinar
Tim Akpinar answered on Aug 27, 2019

I do not practice in Missouri, but your question remains open for four weeks. As a general matter, early payment penalties are usually governed by the provisions of the loan agreement. It's an individual contract between the auto finance company/bank and the car buyer, and different companies can... Read more »

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

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

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

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 Consumer Law and Collections for Missouri on
Q: How can you look at the docket for me?

How can you see the docket or what information do you need? I’m just curious as the hearing that’s coming up about this. I understand that me not working it won’t go away but they haven’t made any attempt to serve my ex at all.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2019

You should be able to go to your local circuit court and obtain a copy of all documents that have been filed in the case.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: Well my next question on that is there is another hearing schedule so what could this hearing be about?

I don’t work and can’t work and showed proof to the lawyers via email like they asked so if I can’t work and they won’t serve my ex husband what happened at that point

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 24, 2019

Without seeing the docket entry, there's no way for me to answer that question other than to guess that maybe they only got one fo the two of you served and the next hearing is on a motion to review but as to the other one of you.

Whether you do or don't have money to to pay the judgment is...
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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: I have a question about a judgement my ex husband and I got

What does this mean? REVIVAL OF JUDGMENT CALLED, HEARD AND SUSTAINED. THEREFORE, THIS COURT HEREBY REVIVES THE ORIGINAL JUDGMENT HEREIN WITH COSTS TO BE PAID BY DEFENDANT. FOR ADDITIONAL TEN YEARS, AS PROVIDED BY LAW

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 24, 2019

Missouri state court judgments expire 10 years after the latter of entry of judgment or a payment on the record towards the judgment, such as a garnishment payment received.

The docket entry you quoted suggests that the plaintiff file a motion for revival of judgment, had a hearing, and got...
Read more »

2 Answers | Asked in Consumer Law and Insurance Defense for Missouri on
Q: Is there such a thing as cancellation remorse. We cancelled our life insurance on phone but now regret it.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 23, 2019

Most likely not. Read the policy to see if addresses cancellation.

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Legal Malpractice for Missouri on
Q: can an extended stay hotel refuse to continue to rent due to rumors?

I was put on an extended stay hotel DNR list due to rumors and nothing else. I rented the room for a week and did put another guest on my room she is an adult, I have no control over her. I did nothing wrong never had the police there, did not bother anyone. I was always in my room. Was told that... Read more »

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

A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Products Liability for Missouri on
Q: I've been renting a washer and dryer from Aarons it was 700.00 brand new and ive been paying 78.00 month for 14 months

And now they are tring to take it and day we stole it when i added up at least 1092.00 on a 700.00 bill how is that right please help me out in getting swindled im lower income have 4 daughters just tring to get by

Timothy Denison
Timothy Denison answered on Feb 8, 2019

You’re going to need a copy of the contract you signed with them to get the right answer.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Can the property owner of my house give me a same day eviction by text message?

I am the previous owner of the property. It sold at foreclosure auction on 9/11/18. The current owner agreed to let me rent the property until 3/15/19. My son took his own life 10/26/18, & my granddaughter passed away 12/6/18. The expense of 2 funerals in just over a month caused me a major... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 29, 2019

Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.

2 Answers | Asked in Constitutional Law, Consumer Law and Real Estate Law for Missouri on
Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 24, 2019

The change of ownership is not generally significant so long as the lease is still in play.

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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: Sue the creditors/credit bureau

I pulled my credit and noticed it is alot of inaccuracies that are being report on it. I have tried to contact the bureaus directly and they just send correspondence back stating the information has been updated with no proof. How can I get this information deleted off my credit? I have alot of... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 10, 2018

Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.

1 Answer | Asked in Consumer Law, Real Estate Law and Banking for Missouri on
Q: How can I file a suit against a Mortgage Co for overpayment and would I need a Lawyer to do so?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 29, 2018

Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"

The short answer to your question is that you file a petition in an appropriate court asserting a proper cause of...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: What is the duty of care owed by a furnace repairman when, after replacement of heat exchanger in an oil furnace, furna

After replacing heat exchanger, furnace burned rich, creating soot, smoke, and odor. Serviceman refuses to address repair, citing lack of tools and claiming rich mixture was pre-existing.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 20, 2018

Here's an excerpt from a Missouri case that my provide guidance:

"When a person possesses knowledge or skill superior to that of an ordinary person, the law requires of that person conduct consistent with such knowledge or skill. W. Page Keeton et al., Prosser and Keeton on the Law of Torts...
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1 Answer | Asked in Consumer Law, Criminal Law and Banking for Missouri on
Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?

I have not cashed the check yet as it is signed "Leia Organa Solo" and I'm too busy laughing at the stupidity.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2018

You can post it on Facebook.

1 Answer | Asked in Consumer Law and Civil Litigation for Missouri on
Q: When is Sol on a AC Promissory Note with a judgement ?filled date 10/31/208 or the judgement date of 2/11/2009 ?

Empire bank Has gone moved ! Now another took over I have

Seen my file told them i am on ssi disability they said nothing 2 yrs nothing ! So when Sol comes off my credit score ? I have certified copies!

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2018

A statute of limitation is a time by which a lawsuit must be filed for a specific cause of action. A Missouri judgment is good for 10 years unless revived sooner.

1 Answer | Asked in Consumer Law for Missouri on
Q: i have paid over $700 for a costume, the man has been working on it for nearly five years and i still do not have it

i have asked him when it will be done and he just says that he will finish it when he is ready, i have asked for a refund but he will not do that either, i live in Missouri and the company is in Florida

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 14, 2018

First, you may only have up to the five-year point before the statute of limitations runs and it is too late to file suit.

Second, if your contract was formed in Missouri you could file suit here. Collecting the judgment may be the hard part, especially because the defendant is in...
Read more »

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