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Missouri Contracts Questions & Answers
1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

2 Answers | Asked in Contracts for Missouri on
Q: Hi, Can I take a contractor to court for misrepresentation?

EMPHATICALLY told him that we do not want to have to clean or tidy anything after the job was finished. He said he was the capable of doing the job as per request. (We are no longer able to do the work. I am disabled, and my husband is 87). Mr Cronin agreed.

Upon completion we went to look... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

You may indeed file suit but, under the facts your described, I don't think it makes sense to pay an attorney potentiallly thousands of dollars because your actual damages would be measured by the value to fix his mess. You can file suit pro se, but you or your husband will need to attend... Read more »

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1 Answer | Asked in Contracts, Business Formation and Business Law for Missouri on
Q: Can a none compete be over turned by the declaration of independence?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 25, 2020

I have no idea what your question means. Non-competition agreements are generally enforceable but they can be challenged depending on their terms. If the situation is important to you then you ought to hire an attorney to review the contract and give you advice. These agreements often have... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 20, 2020

A landlord can evict a tenant on 30 days notice, as long as the tenancy is month to month and the notice complies with Missouri statuteS. Compliance includes providing 30 days notice that begins on or before the first day rent is due for that month (usually the 1st), is in writing, and is not for... Read more »

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1 Answer | Asked in Banking and Contracts for Missouri on
Q: I closed on a micro loan on April 28. Today is May 6. Is the contract null and void if I haven’t received the funds?

The loan is for my small business. I contacted my banking institution and they said no wire was ever received or had been attempted by this company. The loan company claimed they’ve tried to send it and my bank keeps bouncing the money. I am due to have the money deducted from my account starting... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 6, 2020

If you don’t get the money they purported to loan to you, it may constitute fraud. But you need to take steps to protect your interests. First of all, if the only thing you have in writing is the loan agreement that may be problematic. You need to immediately notify the lender IN WRITING that you... Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: I’m a small construction business owner in St. Louis MO. I just signed a commercial contract w/ a school in G.C. IL.

The school requested the usual docs. Such as to be a policy holder on my Ins., Minimum $1m policy etc. but they also asked for copies of my workers drug & background checks. My workers are independent sub-contractors. I’ve never needed to drug test them & I do my own background checks... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 20, 2020

Your contract controls as to the requisite background checks. If you don’t understand the contractual requirements, and it sounds like you don’t, you should have an attorney review the document.

1 Answer | Asked in Contracts for Missouri on
Q: Terminating my lease early.

The house had a broken window From the start no one fixed. Gave another notice still nothing. Now that I'm terminating lease early shouldnt that be deducted from what I will owe considering the broken window not only put my safety at risk from people that could have broken in easier but also... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 17, 2020

Unless you and your landlord are in agreement as to an early termination, then you've got bigger problems than the handling of the $200.

These might be useful for you.

https://www.ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf...
Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What documents are required when selling a vehicle. Do I just sign over the title or do I also need a bill of sale?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 17, 2020

You should probably have both. Just signing over the title does not guarantee that the buyer will register the transfer with the motor vehicle department. If he then gets into an accident it could get messy. The bill of sale will show the date of transfer and can also be used to remove the vehicle... Read more »

1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
Read more »

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've... Read more »

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

The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue 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 Contracts for Missouri on
Q: I had 5 yr contract for games equip when I went to cancel they said u have auto renew of 5 more years. Can I be sued?

Former partner signed 5yr contract. I honered the entire 5yrs. I tried to end contract when 5yrs were up but they say since i didn't give 30 day written notice they are suing me for liquidated damages plus attorney fees, etc. They said there was auto renewal unless written 30 day notice. I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 24, 2020

That's a lot of money. I suggest you schedule a consultation with an attorney. The attorney can then review the entire contract and give you legal advice. An attorney could also help negotiate with the opposing counsel if that is something you desire.

In general, liquidated damages...
Read more »

1 Answer | Asked in Contracts for Missouri on
Q: Can i tear out a piece of concrete that i poured if the contractor doesnt pay me
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 20, 2020

You can sue the contractor or file a mechanic’s lien. Trespassing and tearing out the concrete is a dangerous strategy.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: Within a promissory note in the state of Missouri, are they able to make it non-disclosure that I cant share with anyone

Non - disclosure meaning I cant share it even with my close family members let alone attorneys?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 13, 2020

I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.

1 Answer | Asked in Contracts for Missouri on
Q: My wife signed an agreement to a backup offer without my consent. Are we able to cancel our backup offer?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2020

You didn't indicate whether this was a real estate contract or something else. Regardless, you ought to have an attorney review the contract and assess the facts in order to give you meaningful advice. You are better off spending a little money for a consultation now than thousands in... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: I am sick from living in horrible conditions in my rented house. Can I get out of my lease? Sue for damages?

I am living in a rented slab home that had sewer work done in the house starting Jan 2nd. I have been living in a trashed home since: cement and sewer mud dust is on everything. Now I am ill. They don't take the cleanup seriously. Cheap help may be coming. I am thinking I might want to sue... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

I am sorry to hear about your terrible living situation.

Yes, you can file a lawsuit. Whether you win will depend upon the claims you plead, the facts, the law, and (most likely) whether the parties hire counsel. I suggest that you meet with and attorney to review the lease and all of the...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

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