After a plaintiff fails to achieve service on the first summons the plaintiff may request an "alias" summons. After that the plaintiff would request a "pluries" summons. If you are getting sued and have been served all that matters is that the summons was served before expiration.
We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »
It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »
typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »
An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »
The new owners is having sewage problems and now wants to sue me. Am I liable for anything that happens to the house?
I suggest that you have an attorney review your sale contract and seller's disclosure form, as well as any written demands from the buyers. You are liable if the buyers sue you and prove their claim or claims against you by a preponderence of the evidence. I have litigated... Read more »
By the time I drove it home the oil light came on and then the check engine light came on. It was a Cam position sensor code and there was no oil showing on the dipstick. Will I be able to cancel this contract since it's not me just changing my mind?
It is you changing your mind on account of problems with the vehicle. If you are able to prove that the seller know of problems and made a misrepresentation to you, then an attorney might be able to help you. The challenge in these situations is proving what the seller knew.
The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... Read more »
I recommend that you have an attorney review the agreement to determine if it is enforceable.
Here's the text from Missouri's security deposit statute:
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit... Read more »
A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »
This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work... Read more »
Now my landlord wants me to sign a 6 month lease so he can raise my rent twice in one year oh, is this legal for him to do
There is nothing illegal with your landlord seeking new terms on a new lease to go into effect when the current one ends. If you do not wish to sign the proposed lease, then you have the freedom to enter a lease with another landlord with terms acceptable to you. Under the current real estate... Read more »
He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?
You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.
It a Operating Agreement want to make sure my son is making the right desion
Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.
He’s on parole and I’m afraid to provoke him
That’s a bad situation. Unfortunately, you are still liable for the payments. There’s no magic way for someone to determine the vehicle’s location.
Your written lease terms govern.
An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »
You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.
Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »
For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »
I was told by the agent to sign the offer agreement but nothing was explained to me about it, now he’s adamant about me giving the deposit. The closing is three weeks away.
For most people, a house purchase is the largest financial transaction that they will ever make. You shouldn’t have signed without agreeing or understanding it. That being said, the contract terms might still give you an out. Perhaps there are contingencies. Have a local attorney review the... Read more »
I can't relocate at this moment
You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... Read more »
This is not a construction loan. We are buying the home from the builder once complete. We went under contract on a custom built home 7/4/2020 with completion 12/25/2020. We signed an amendment extension 01/04/2021 for it to be completed 4/30/2021. The house is just framed. So there’s no way it... Read more »
You need to have an attorney read your contract to see if it provides an out. In general, a party to a valid contract may not simply change his or her mind. A house purchase is way too large a contract to guess as to your rights and remedies. It will cost you something to confer with a local... Read more »
My husband and I have been working with a breeder to purchase a puppy. In the beginning we were told "when he goes to his new home he will be current on vaccines and wormer, have his health check with our vet, AKC registration application, a puppy starter pack, and a genetic health... Read more »
The question is “what is your contract.” In other words, did you have an oral contract under which you paid the deposit? If so, then the breeder cannot add terms thereafter. You may be able to pursue a claim for breach of contract or violation of Missouri’s Merchandising Practices Act (our... Read more »
I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.
Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.
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