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Missouri Consumer Law Questions & Answers
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 »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 14, 2020

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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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 Consumer Law and Business Law for Missouri on
Q: I live in Missouri. I hired an electrician from Arkansas to re-do all the electric in my campground 9 months ago. I have

Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?

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

First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.

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 Consumer Law for Missouri on
Q: Does the state of Missouri have protections for consumers victimized by contractors?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).

The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:

1. The act, use or employment by any person of any...
Read more »

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...
Read more »

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)....
Read more »

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...
Read more »

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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