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Missouri Questions & Answers
1 Answer | Asked in Criminal Law for Missouri on
Q: a sheriff left a note on my door saying that they need to speak with me and they want me to call this #, do I have to?!

I just don’t really trust law enforcement very much

Specially in these days and times

Steve D. Hardin
Steve D. Hardin answered on Sep 25, 2020

You absolutely do not have to speak to them. You have the right to remain silent. If the police seek to speak to you might invoke your right to remain silent by saying the magic words. "I want a lawyer." Then shut up do not discuss anything as anything you say to them will be used against you.

1 Answer | Asked in Collections for Missouri on
Q: How long after not hearing anything from an attorney can I assume that a lawsuit wasn’t filed?

On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?

Edit: there aren’t any cases filed against me on... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

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

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Collections for Missouri on
Q: I have been sued by a debt collection agency for less than $2000. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Can a customer sue me over an argument . She claims I called her a racial slur which I did not

Yesterday I got into an argument with a customer she claims I called her a racial slur and discriminated against her. I did not call her anything and we're of the same race. We're both mexican and I work in a Mexican restaurant. The only people there at the time was her and her friend and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Anyone can sue anyone for anything. I understand that you are saying you didn't call her a racial slur but even if you did that would not support a claim for defamation because, among other things, defamation requires and objectively false statement rather than opinion, as well as resulting... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What is involvement and cost to go to small claims court? I want my refund from a canceled concert-they ignore my calls.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Visit the website of your local circuit court. It will contain a fee schedule.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I don't know whether to bankrupt or Judgement proof. If I bankrupt will I loose my 5000 car. What about judgement proof?

My income is $706.00 for social security a month. I have about $4,000 left from my profit sharing retirement. And that's it. I'm almost 70 years old. I need my car to get to the doctors and just to live. I'm diabetic. My car is my only asset and its not even worth much.

David Reese Fondren
David Reese Fondren answered on Sep 14, 2020

Exemption in bankruptcy are identical to exemptions against creditors as they are the same laws for Missourians. Can not predict how a particlar trustee or creditor atty will act. Look up your vehicle on nada.com for more accurate valuatuon. Then talk to an atty.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

Timothy Denison
Timothy Denison answered on Sep 13, 2020

What is your question?

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My understanding is that the CDC moratorium as of 9/4/2020 would make an eviction impossible until December 31st 2020.

I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.

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

The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: My wife is in process of I-485 adjustments of status and I got lay-off. Can we apply for Food Snaps

Would it effect her getting a green card

We waiting on interview . And we of course used someone else as sponsor

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 11, 2020

Hey, under the public charge rule, the USCIS will consider whether the intending immigrant has received or will be eligible to receive public benefits in the future. Last month, there was a temporary hold on i-944 but it seems to apply to certain states- NY-VT-CT- USCIS has been quite about the... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer use the FFCRA to pay me as a "precautionary reason" even though nothing is stated in those terms

I was told to quarantine in march after traveling, but no federal, state or local government issued a mandatory quarantine after travel. So my work decided to tell me to quarantine for a week, which normally is 2 weeks so that doesn't make sense already. And they forced me to use 1 week of the... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 10, 2020

Hi, if your employer has fewer than 500 employees, they are likely covered by the FFCRA. The FFCRA requires employers to pay employees for up to two weeks (80 hours) at the employee's regular rate of pay if the individual is unable to work because the employee is quarantined (pursuant to... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: I am a 69 year old woman with diabetes who has no job now. Only social security. Can't pay my bills

I'm not sure if I should claim bankruptcy. I only receive social security and have a little money left from my Profit sharing money from my job. That's how I'm living. My social security is $706.00 a month. I have a 2014 Ford Focus that is paid off. That's all my assets.... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

Bankruptcy could be your solution. Talk to a bankruptcy lawyer regarding the details of your finances and see if it is the right decision for you.

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: How much does it cost to get a full liquor license in Illinois/Missouri?

I want to open up a bar and grill in either Missouri or Illinois or both. How do much would it cost in either state and what's the process? Will i need to take classes? And what's the best business structure to go with?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 8, 2020

There are several types of liquor licenses in Missouri. The type you get will depend on many factors. You will have to apply for the license, pay the fees, purchase a bond, at a minimum. It is a process that takes time, including a background check and fingerprint check.

The format of your...
Read more »

1 Answer | Asked in Family Law and Social Security for Missouri on
Q: I was born sick in a hotel room we moved in to the home when I was 2 days old and 2 days later I went to The hospital

So I don’t have a birth certificate and want to get a birth certificate from Kansas City Missouri Jackson county but I can’t afford it

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

You posted your question on a site that features Texas lawyers. You need to contact an attorney in Missouri.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is my landlord allowed to come by unannounced, unlock and open my door without my permission even if Im home???
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

No, but I’m not sure what you are looking to hear beyond such an answer.

1 Answer | Asked in Wrongful Death for Missouri on
Q: What are the laws regarding someone with a mental illness who commits murder

Poplar bluff Missouri case

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

https://www.lawserver.com/law/state/missouri/mo-laws/missouri_laws_552-030

1 Answer | Asked in Criminal Law and Juvenile Law for Missouri on
Q: My son is being accused of touching inappropriately his cousin, this supposedly happened 10-11 yrs ago at 10&14 yrs old
Steve D. Hardin
Steve D. Hardin answered on Sep 3, 2020

Your son needs to speak to a criminal defense attorney immediately. He should not speak to anyone other than his attorney or one that he is seeking to hire about this. Anything he says to anyone else may be used against him.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

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

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

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