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Missouri Contracts Questions & Answers

1 Answer | Asked in Contracts for Missouri on

Q: How can I recover my belongings in this storage unit?

My ex helped me move my belongings and my childrens to a storage unit. He only listed it under his name.

He has denied me access after a domestic ciolence with him. And has refused to pay it. It has my and my childrens prescription medications along with my gun registered in my name that I... Read more »

Bruce Alexander Minnick answered on Jul 16, 2019

Unless someone continues paying for the storage unit the storage has the right to lock it--and after a certain period of time--the right to open it and remove all the property. So: If all the stuff is yours go tell the storage company what's happening, and tell them you will be glad to pay all the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on

Q: Is a copied contract admissible as evidence in the MO business records statute? Under what statute is it?

Ronald J. Eisenberg answered on Jul 11, 2019

The business records statute allows for copies.

Here's a link to the statute. https://law.justia.com/codes/missouri/2005/t33/4900000692.html

I hope it proves useful.

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 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 Contracts for Missouri on

Q: Can a company buy out another company and "take over their contracts"? Can contracts renew automatically without notice?

We are trying to fire our present garbage company and change to a different company with much better pricing. Our original company was bought out by Waste Management a few months ago. They claim that we had a contract with L&K started in 2006 and that it went for 5 years and then renewed... Read more »

Ronald J. Eisenberg answered on Jun 23, 2019

What you have is a contract issue. An attorney would need to read the contract to provide you with sound advice. That being said, I’m familiar with waste industry contracts and they are generally harsh. The often renew automatically unless the customer gives sufficient notice of non-renewal.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on

Q: My real estate agent executed my contract (buying a duplex) with a misspelling of her name.

Her first name is misspelled on all the documents, and does not correspond with the name that she is registered as an agent under in the state of MO. She also entered into a rental agreement with me, as my tenant, under this misspelling and is in default (not paying per the terms of her lease). Is... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Misspellings frequently occur in all legal documents, including the ones of concern toy you here. Rather than waste time worrying about the spelling of your tenant's name you should consider starting the eviction process--using the same spelling on the lease. Or if you are a perfectionist, use BOTH... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on

Q: What if a trustee refuses to keep a beneficiary informed of trust activity after said information is requested?

Bruce Alexander Minnick answered on Apr 24, 2019

Unless the written trust document requires the trustee to "keep a beneficiary informed of trust activity" there is little you can do. As a beneficiary, you might want to know--and keep in mind--that every time you cause the trustee to respond or do any other work related to the trust they charge... Read more »

1 Answer | Asked in Contracts and Collections for Missouri on

Q: If a Judgment is issued in Missouri can a garnishment be made in Kansas?

Bruce Alexander Minnick answered on Apr 18, 2019

Since you asked this question twice, I will give you the same answer as I did before:

"Generally, yes, because of the Full Faith and Credit Clause of the Constitution of the United States--which requires all states in the union honor the judgments of all other states. However, as noted in...
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2 Answers | Asked in Contracts and Collections for Missouri on

Q: Can a lawyer in MO garnish someone in Kansas?

Ronald J. Eisenberg answered on Apr 18, 2019

It depends. Was the judgment issued through a Missouri court or a Kansas court? If it was a Kansas judgment, was the Missouri attorney counsel of record in the case? If it was a Kansas judgment, has it been registered here in Missouri? If it was a Missouri judgment, then a garnishment may be... Read more »

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2 Answers | Asked in Contracts for Missouri on

Q: I am buying a house and just found out their is someone their paying rent no contract. The owner gave him 30 days

But now he does not want to move till June. I told them he must be out at closing. What can I do?

Ronald J. Eisenberg answered on Mar 27, 2019

If proper notice of termination was given and the tenant holds over possession, then the owner may file an unlawful detainer case. Until you are the owner, you have no right to file the lawsuit unless you get the lease rights assigned to you.

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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 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 Contracts, Family Law and Real Estate Law for Missouri on

Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow

In the abstract there is nothing regarding road right of way until this time. Abstract dates from 1859. There is no amount listed as to what the road right of way is. How do I find out what is allowable as the county is starting to encroach upon my fenced property with their road. Is there a... Read more »

Jennifer Sheila Kornblum answered on Jan 28, 2019

I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Missouri on

Q: Filing a show-cause order on previous owner to answer why they should not pay repairs they knew existed

Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like to... Read more »

Jennifer Sheila Kornblum answered on Jan 19, 2019

As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.

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1 Answer | Asked in Contracts for Missouri on

Q: I am under a real estate contract as a seller, And they had to change lenders because they failed the inspection. void?

I have cash buyers interested in the property but I’m not sure if I’m still legally bound to sell to the first buyers. I didn’t not put a closing date on the contract. I’m having a very difficult time paying the mortgage while I’m waiting for thier new bank to inspect the home.

Ronald J. Eisenberg answered on Jan 17, 2019

You should have an attorney review the contract. This is too important of a determination to make based on any answer you might receive from someone who has not seen the contract and is not your attorney. I doubt, however, that the contract requires a specific lender.

1 Answer | Asked in Contracts for Missouri on

Q: I seek up-to-date section 517.031 RSMo Affirmative Defenses and Counterclaim

Ronald J. Eisenberg answered on Jan 17, 2019

The proper affirmative defenses to assert depend on the causes of action against you, as do any counterclaims. If it makes financial sense to you and in view of the amount at issue, hire an attorney.

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Social Security for Missouri on

Q: Does You Guys Law Firm Take LawSuits AgainSt The SoCial SerVices In The State Of Missouri In JasPer CounTy MissOuri

Timur Akpinar answered on Jan 7, 2019

This is more of a question-answer board. Try reposting your question with some additional details and hopefully an attorney could pick it up to provide some direction after seeing the basis of a suit you're contemplating.

Tim Akpinar

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 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 Contracts for Missouri on

Q: FSBO buyer backed out last minute after signing contract, now demands lower price. Has not paid the $1000 escrow...

daughter and husband doing a FSBO, buyer playing delay game for 60 days, now at last minute is demanding lower price, much earlier move date, and has not even paid the earnest money yet. Seller and buyer both military. Buyer paying cash (supposedly). Has lots of excuses and stories along the... Read more »

Ronald J. Eisenberg answered on Oct 31, 2018

You didn't ask a question. I am not sure if this is a NC matter or a MO matter. Assuming it's the later, I recommend the sellers meet with the Missouri attorney. If only the buyer has the contract and a signed contract is necessary for the sellers to enforce it, then the sellers have a large... Read more »

1 Answer | Asked in Contracts for Missouri on

Q: Grounds for suing if a roof was not completed due to the customer?

My husband had a roof job and was past completion date due to extreme heat and multiple storms , returned to complete and customer said he was fired and wanted 4800 back for material and labor, he had all material and comepleted on his own with family. And is now trying to sue for the 4800. In the... Read more »

Ronald J. Eisenberg answered on Oct 10, 2018

If a lawsuit has been filed, then your question of whether the homeowner had grounds for suing is not important. If I were to say that the lawsuit is baseless (which I'm not saying) that would make no difference if a default judgment gets answered.

The better question concerns what your...
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1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on

Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract

Ronald J. Eisenberg answered on Oct 8, 2018

You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You...
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1 Answer | Asked in Contracts for Missouri on

Q: I was going to buy a home but I decided I did not to buy this home. What obsessions do I have to get out of this

I put $500.00 ernest on the house

Ronald J. Eisenberg answered on Sep 5, 2018

Read your contract to determine what contingencies there might be that allow you to terminate the contract and get your earnest money returned. For example, if the contract is contingent upon your satisfaction with an inspection and you have obtained the inspection and comply with termination... Read more »

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