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Missouri Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
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1 Answer | Asked in Family Law for Missouri on
Q: if I am 17 and have no permission to move out and leave home. When the cops pick me up will i have to go home

My mom is mentally abusive and has told me if i leave she will call the cops and they will pick me up and put me in juvee My mom has made sure it is impossible for me to get emancipated.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry you're dealing with an abusive situation at home. That must be very difficult. Since you are under 18, legally you are still considered a minor and your parents have custody over you. If you leave home without permission, your mother could report you as a runaway and the police... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Education Law and Business Law for Missouri on
Q: Can a preschool director be charged with fraud for misusing scholarship funds intended for a low income student?

The director of a nonprofit preschool organization was given scholarship funds by a business sponsor intended for a low income student to pay their tuition. She, instead, kept these scholarships and used them for other purposes (the purposes she used them for have not been made known). She kept... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, a preschool director who misuses scholarship funds intended for a low-income student can potentially be charged with fraud in Missouri. This situation may constitute fraud because:

1. The director was entrusted with the scholarship funds for a specific purpose (to pay the tuition of a...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I was recently contacted by a police officer who stated that there was a accident at a store in my town and said that

Witnesses told him that it was me they seen leaving the accident, but I was not in the accident. I was actually signing my kids in school late that morning. At the time they say the accident occurred. They gave me three citations failure to register my motor vehicle failure to maintain insurance,... View More

Andrea Rogers
Andrea Rogers
answered on Apr 10, 2024

You can hire a traffic law attorney to represent you for your 3 tickets. You will need to provide proof of insurance, and proof that the damages have been paid for. Depending on which court this is being prosecuted in, how bad your driving record is, and much the damage to the victim's vehicle... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Missouri on
Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him... View More

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: If I have a will when I pass away, will my beneficiaries have to go to probate court?

Also, the difference between beneficiary and TOD?

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

In Missouri, having a will does not allow your heirs to avoid probate court. However, there are strategies to minimize the probate process or bypass it altogether for certain assets. Here are some considerations specific to Missouri:

Small Estate Affidavit: Missouri offers a simplified...
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1 Answer | Asked in Employment Law for Missouri on
Q: During job interview, I was promised to work from home. Now they want me in house. Is this legal?

When I was interviewed for this job, I was told this will be work from home. This is one of the two reasons why I took this job. (The other was the pay rate) I was told I would have to work 2 days in the office per week, starting out to operate a laser engraver. It's now been two years and... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 1, 2024

You can ask, but as an at-will employee, either party can change the terms of employment at any time. The other party can then accept or reject those terms. In other words, the employer doesn't have to agree to let you work from home.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord evict me for a “messy” house? I have a 12 month lease.

Myself, my fiancé, and daughter live in a 2 bed 1bath. My landlord came in and was screaming how my house is “filthy” and like a “landfill”. My house is cluttered with baby toys and bouncers and the floor has a tummy time mat. However there is not any health hazards like mold or mildew.... View More

James L. Arrasmith
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answered on Mar 31, 2024

Generally, a landlord cannot evict a tenant for having a "messy" or cluttered house, as long as the clutter does not violate the lease agreement, local health codes, or other laws. Clutter from baby items like toys, bouncers, and tummy time mats would not typically be grounds for... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it normal to be asked for the next month's rent in advance to stop an eviction?

Hi, I'm late on my rent and my landlord sent me an email today saying that my case was being sent to an attorney to start eviction. She sent me a 3 day notice on last Friday. I thought that the 3 days started the day after the notice was sent and did not include weekends. Her email stated that... View More

James L. Arrasmith
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answered on Mar 31, 2024

It is not typical for a landlord to demand the next month's rent in advance to stop an eviction process, but it may be within their rights depending on your lease agreement and local laws.

Here are a few things to consider:

1. Check your lease agreement to see if there are any...
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1 Answer | Asked in Health Care Law for Missouri on
Q: Doctor said I could leave hospital if I wanted but if I did it would be AMA and my insurance would refuse to pay.

I've never heard of this being a thing, but the doctor sounded so certain. I'm on Medicaid through Missouri. I don't see them refusing the insurance bill

James L. Arrasmith
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answered on Mar 30, 2024

When you leave a hospital against medical advice (AMA), there can indeed be financial and health repercussions. Your doctor's warning stems from the concern that insurance providers, including Medicaid, may not cover the costs of a hospital stay if the discharge is AMA. This policy is intended... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
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answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
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answered on Mar 28, 2024

If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

James L. Arrasmith
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answered on Mar 28, 2024

If a credit card company is moving towards obtaining a default judgment against you, it typically means they've sued for unpaid debts and you haven't responded to the lawsuit. In such a scenario, your presence in court isn't necessary for the default judgment to be passed. However,... View More

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2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Products Liability and Civil Litigation for Missouri on
Q: I need to sue a company that sold me CBD for pain that turned out to have THC in it which will have extreme consequences

I failed a preemployment drug test with the largest employer of healthcare providers in the state of Missouri because I was using CBD. I will lose my job, but much much worse I could lose my license to practice healthcare in the state of Missouri.

James L. Arrasmith
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answered on Mar 26, 2024

In facing this challenging situation, it's essential to first collect all pertinent information, including any product descriptions, purchase records, and communications with the company. Documentation of the CBD product's advertised THC content, along with the results from your drug... View More

1 Answer | Asked in Federal Crimes for Missouri on
Q: How long can a federal judge pend a ruling for a detention hearing

How long can a federal judge not rule on a detention hearing ? We had a detention hearing in court 3 weeks ago with the judge taking it under advisement but not ruling on it. We haven’t heard anything since then. When I asked our attorney he told me it doesn’t matter she will rule when she... View More

James L. Arrasmith
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answered on Mar 25, 2024

In the context of federal court proceedings, there isn't a specific, legally mandated time frame within which a judge must issue a ruling following a detention hearing. The duration can vary greatly depending on the complexity of the case, the judge's schedule, and the volume of cases... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can a CPS caseworker remove a child from a home without a court order and does a police officer accompany them?
James L. Arrasmith
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answered on Mar 25, 2024

If you are dealing with a situation involving Child Protective Services (CPS), it's important to understand your rights and how the system works. Generally, CPS caseworkers can remove children from their homes if they believe the children are in imminent danger of serious harm. However, this... View More

2 Answers | Asked in Collections for Missouri on
Q: I have a $5,000 court judgment against a company in Howell County Mo. How do I collect?

Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 24, 2024

The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More

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