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Missouri Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: Seeking guidance on being sued for negligence in house disclosures in Missouri.

I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 19, 2025

Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly... View More

1 Answer | Asked in Divorce and Probate for Missouri on
Q: Does an ex-wife still qualify for pension money after ex-husband's passing according to divorce decree?

My husband just passed away. In his divorce decree, his ex-wife was awarded pension money. There is no specific mention in the decree about any changes to this entitlement upon his passing. Does his ex-wife still qualify for that pension money under these circumstances?

Jennifer L. Rench
Jennifer L. Rench
answered on Mar 18, 2025

The divorce Judgment and the pension plan rules are going to dictate the rights of the ex-wife. There is really no way to tell without reading both. Generally in a divorce, a pension payment is a division of property. This is different than a maintenance (alimony) payment that terminates at the... View More

1 Answer | Asked in Civil Rights, Employment Law and Employment Discrimination for Missouri on
Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.

I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 16, 2025

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.

You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the...
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2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Is my lease void if landlord's mortgage forbids leasing?

My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2025

It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More

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1 Answer | Asked in Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Overtime calculation for hourly manager with new management

I work as an hourly manager, and my employer recently told me that I need to work over 80 hours biweekly to qualify for overtime pay, stating that my recent hours of 28 and 44 do not meet this threshold. Previously, I always received overtime without hitting 80 hours. We've had new management... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 5, 2025

The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More

1 Answer | Asked in Collections and Gov & Administrative Law for Missouri on
Q: How to proceed with 10-year-old payday loan judgment in MO?

I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2025

I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.

The issues for the court to determine are (1) was the motion to revive the judgment FILED...
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1 Answer | Asked in Employment Law for Missouri on
Q: Wrongful termination due to attendance and FMLA retaliation in Missouri.

I believe I was wrongfully terminated from my job in Missouri due to attendance issues, possibly in retaliation for missing a few days. I worked at the company for almost two years and had accumulated some attendance points, but they were close to falling off. Recently, I was out sick and applied... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

It is perfectly acceptable to discharge an employee for attendance. If you filed for FMLA but it hadn’t yet been reviewed, the common practice is to wait and see if it qualifies. If you had not formally submitted an FMLA request at the time you were discharged, then the company was acting on the... View More

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Am I obligated to return an unordered monitor sent by mistake in Missouri?

I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.

1 Answer | Asked in Probate for Missouri on
Q: Guidance on pursuing unclaimed property of deceased Great Aunt in Missouri.

I'm seeking guidance on pursuing the unclaimed property of my deceased Great Aunt, who was born on July 18, 1906, and died on October 2, 2009, in Missouri. There are five files indicating amounts "Over $50." My sister and I are the known heirs, although she had other potential heirs,... View More

Lloyd  Nolan
Lloyd Nolan
answered on Mar 2, 2025

You should make your unclaimed property claim through Missouri State Treasurer. If there is property that and you need to establish your right to it, you should contact an attorney to file a Small Estate Affidavit or Petition to Determine Heirs with the Probage Court in the County where your... View More

1 Answer | Asked in Civil Rights and Employment Law for Missouri on
Q: Is it legal for my supervisor to request a search without evidence and treat me differently based on gender?

In my workplace, a coworker reported missing money from her purse. Both I, a male employee, and a female coworker were questioned by our supervisor. In the hallway outside residents' rooms, and in the presence of the female coworker, I was publicly asked to turn out my pockets and open my... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 21, 2025

As an at-will employee, you can be discharged at any time and for any reason or no reason at all. While asking you to turn out your pockets in front of others may have been somewhat harsh, it is not illegal. The employer was simply trying to get to the bottom of the situation, and you, as the most... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Missouri on
Q: Disclosure of subpoena names and deposition locations in MO personal injury case

I am representing myself in a personal injury case in Missouri and have issued subpoenas to prove a disputed point. I need guidance on whether I have to disclose the names associated with these subpoenas to opposing counsel, and where I can depose the witnesses. Can someone advise me on this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 21, 2025

My recommendation is that you hire an attorney. PI cases are complicated. Attorneys who practice this area of law do so on a contingency basis. If you have a solid case and significant damages you should be able to find an attorney. If you have contacted many PI attorneys and none will take the... View More

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Missouri on
Q: Advice on legal actions for car purchase and warranty issues in Missouri with no dealer response.

I purchased a used car with a 60-day warranty from a dealer in June 2024 in Kansas City. Within this period, I had to replace the engine, radiator, hoses, and work on the transmission, totaling over $10,000 in repairs. I sent two letters to the dealer with the repair bills but received no response.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 20, 2025

If you complied with the warranty provisions in getting the repairs, you can pursue a claim for breach of contract and possibly a violation of the Missouri Merchandising Practices Act. Typically you are required to get the work completed by the dealer that sold you the car, or if it doesn't... View More

2 Answers | Asked in Employment Law for Missouri on
Q: Hostile work environment and wrongful termination concerns in Missouri

I am seeking legal advice regarding a hostile work environment and potential wrongful termination at my job in Missouri. I work in the vehicle warranty/service contracts industry for a medium-sized company with about 200 employees. Over the past several months, I have documented multiple instances... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 19, 2025

Mr. Eisenberg is correct. "Hostile work environment" and "wrongful termination" are legal terms of art that don’t mean what most laypersons assume they mean. A boss can legally treat you badly, unfairly, and harass you without creating a "hostile work environment"... View More

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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.

Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended...
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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 19, 2025

You were obligated to leave at the end of January regardless. You are exposing yourself to significant costs per the Unlawful Detainer statute, which makes you liable to Truhold.com for twice the fair market rent of the property. Compare that with the likely minimal amount you might recover in a... View More

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2 Answers | Asked in Animal / Dog Law and Contracts for Missouri on
Q: How can I gain ownership of dogs I've cared for in Missouri?

I have been taking care of my son's two dogs since he bought them. One dog has been with us for 5 years, and the other for 2.5 years. During this time, my family and I have paid for all their expenses, including food and vet bills, and the neighbors can confirm the dogs have lived with us.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 17, 2025

Ron is correct. However, as the owner of the dogs, your son was legally responsible for the cost of care and maintenance for the animals. So, negotiate a price for the dogs and then offset it with your bill for services for the care and maintenance of the dogs for the past roughly 2750 days of... View More

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1 Answer | Asked in Personal Injury and Internet Law for Missouri on
Q: "I would like to know if I can sue for defamation.

. Someone falsely claimed on Facebook that I slept with multiple people and gave them an STD, accompanied by degrading comments and a screenshot of my profile and posts. This has directly impacted my personal relationships and employment, but I have no way to contact the person to ask them to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2025

You certainly may sue for defamation. Some considerations are:

1. Can you identify the defendant and locate the person? You'll need to get a summons served for the court to acquire jurisdiction.

2. Are you willing and able to spend thousands of dollars litigating? If you...
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1 Answer | Asked in Civil Litigation, Collections and Real Estate Law for Missouri on
Q: How to remove satisfied judgments from my record in MO?

I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2025

If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: I believe my case from 2019 is still in litigation. Nothing has happened since COVID. My lawyer is retired. Help?

In 2019, my husband's disability did not come thru one month due to their error and it caused us to be behind 1 month house payment. We owner financed a home for 11 years and the owner passed suddenly. The grandson came in and after being late less than a month, he made all kinds of false... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2025

If you care about the case, contact a local attorney to take over the case. Attorneys may not solicit through Justia.

You can view the filings on Casenet. I doubt that your attorney simply retired without filing a motion to withdraw. You need to take some responsibility in being...
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