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Missouri Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for Missouri on
Q: I received the following email and was wondering if I should pay or if it is a scam.

CASH NET USA DEPARTMENT

Attention,

LAWSUIT COURT CASE FILES NO: K13858464

LAWSUIT COST - $1771.75 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

SETTLEMENT AMOUNT - $1275.63

CONTACT AT: xxxx

1. If you can make a one-time payment of $750.75 (same... View More

Dayrell Lynn Scrivner
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answered on Sep 15, 2023

This email appears to be a scam. First, the case number is not a valid Missouri number. Second, there would not be a "Warrant for Search and Seize", or anything like that, issued in a civil collections case. Finally, it is a dead giveaway when these scams use language like... View More

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2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Missouri on
Q: I opened a brokerage account with TD Ameritrade and tried to withdrawal but was told I could not withdrawal my money????

I opened a brokerage account with TD Ameritrade and deposited $1,500 by way of check. They put a hold on the check for 7 days which the check cleared it was wrote from my grandmother. So today after I was told that it cleared I tried to make a withdrawal for $200 and was told I could not withdraw... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 16, 2023

You're probably not out the $1,500. I would give them more time to conduct their investigation. If you haven't committed fraud, there's likely nothing to fear.

There are a lot of reason TD Ameritrade would put a hold on your funds; namely, you seem to be using a brokerage...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... View More

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1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I defaulted on a secured loan. They never tried getting the car I put as security? Can they sue me without taking car?

I defaulted on a secured loan. I paid on it for a long time but the loan wasn't getting any smaller. I couldn't afford it anymore. They never came after my car that I secured the loan for but they have just been sending me papers saying they want the money. I never hid the vehicle from... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2023

You may be sued without any attempt for the lender to take back the vehicle.

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: If my medical debt was "sold" to a collection agency, that agency never sent me a letter

My medical debt was "sold" to a collection agency (the hospital owns the collection agency). I have never rec'd a bill from this collection agency but all of the sudden we rec'v a letter from a lawyer. Do they not have to notify you by mail of the debt? What do you do in this case?

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2023

They are not required to notify you before having an attorney contact you.

You can contest the debt or negotiate a payment.

1 Answer | Asked in Consumer Law, Contracts and Collections for Missouri on
Q: Is there a way to respond to an alias summons? I just got served papers today for a court date that is 10 days away.

The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2023

Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Missouri on
Q: Mortgage servicer issues

Need advice

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2023

You should ask a question if you’d like a response to get you started in assessing the situation.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Vehicle has been left at my house over a year, it can I charge storage fee? Loan is over 10 years old, get lein release?

The vehicle has been left at my house over a year, I'm asking bout storage fees, but there is lein for default on the loan. The loan is over 10 years old. What options do I have as far as getting lein released to register the car or atleast get storage fees. But I don't want the debt or... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

If there is a lien on the vehicle, you should first contact the lien holder and see if they would be interested in releasing the lien based on the age and abandonment of the vehicle. If they are unwilling to do so, your best bet is to tell them to come pick up their vehicle. I am unaware of a way... View More

1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... View More

1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for Missouri on
Q: Who would I need to contact to resolve this issue?

We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 11, 2022

The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... View More

1 Answer | Asked in Consumer Law and Personal Injury for Missouri on
Q: my lawyer won 4500 for fcra violation but said i can only get 1000,00 and he keeps the rest i was on contingency fee

He said its not him taking all the money its the industry only letting me get 100.00 this makes no sense.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 28, 2022

You’ll need to read your engagement letter.

1 Answer | Asked in Consumer Law, Criminal Law and White Collar Crime for Missouri on
Q: I have a quick question

will a criminal warrant show up in a background check through the state police criminal history report and court records please answer or what is the best site to check We did a national warrant search

Andrea Rogers
Andrea Rogers
answered on Aug 19, 2021

Yes, if you have a warrant, it should show up on any standard criminal background check.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Insurance Bad Faith for Missouri on
Q: What actions are considered vexatious by insurance companies in MO.& what is bad faith? What can I do?

My insurance company used a bias company to estimate loss. The inspection was not thorough and I was pressured to accept a completely unreasonable lowball offer. I complained to my agent and received a call from the supervisor saying they will send a third-party inspector over to inspect the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2021

A Missouri attorney could advise best, as your question could involve elements of state-specific law. In terms of what you could do, one option is to arrange a brief consult with an attorney experienced in property damage/fire claims. In terms of pressure to accept an offer, if a release had been... View More

2 Answers | Asked in Consumer Law, Personal Injury, Car Accidents and Lemon Law for Missouri on
Q: Who so I contact in my area?

I was in a serious car accident. I have been sold two lemons from two different car lots. I feel that I have been mislead and taken advantage of by both of them. I am seeking the justice I deserve.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 23, 2021

Contact an attorney to discuss your options. The lemon law only applies to new vehicles but there may be other avenues for you if the vehicles were used.

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1 Answer | Asked in Consumer Law for Missouri on
Q: Do I have a case against gas station that refuse service discriminating against a certain people that moved here
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2021

If you filed suit and have a case number then you "have a case." Whether the situation you encountered would make a strong case and whether you are willing to pay an attorney potentially tens of thousands of dollars to represent you or whether an attorney is willing to invest potentially... View More

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