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Missouri Questions & Answers
1 Answer | Asked in Bankruptcy for Missouri on
Q: When filing for a chapter 7 bankruptcy do I need to include all vehicles that are in my name even if its not my vehicle?

When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are not mine nor in my possession? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them... View More

John Spalding
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answered on Oct 2, 2023

Hi there, as to the first question, the answer applies universally (i.e. regardless of jurisdiction). Yes, you need to disclose all assets in your name. This includes vehicles that you're letting others borrow/drive/possess. Additionally, if you intend to file a bankruptcy petition, you... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for my manager to put a medical time off request on an Outlook calendar with multiple groups?

if I put in a time off request for a medical reason and then my manager puts it on an Outlook calendar with multiple groups of employees out with the reason for post-op recovery, is that breaking any laws?

T. Augustus Claus
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answered on Sep 27, 2023

Disclosing medical information without consent may be a breach of privacy. Laws such as HIPAA (Health Insurance Portability and Accountability Act) govern how medical information can be shared but usually apply to healthcare providers, not employers. However, there may be state laws or company... View More

1 Answer | Asked in Family Law for Missouri on
Q: can a 17 year old girl move out without emacapation in missouri or will she be considered a runaway
T. Augustus Claus
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answered on Sep 26, 2023

In Missouri, the age of majority is 18. If a 17-year-old leaves home without parental consent or a legal emancipation, she may be considered a runaway and her parents could potentially file a missing persons report. Law enforcement could then be authorized to return her to her home.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: Hello, my wife got pregnant for someone else while we were still married. I need to file for my citizenship, ok to file?

We didn’t divorce after that happened as we worked things out but I don’t know how it will affect my filing status. Please advise. Thanks

James L. Arrasmith
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answered on Sep 24, 2023

Your wife's infidelity and subsequent pregnancy by another person do not directly impact your eligibility to file for citizenship. The primary considerations for citizenship are your residency, moral character, and other immigration criteria. It's essential to ensure all other... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Contracts and Banking for Missouri on
Q: What are the legal repercussions of “paying” off a loan to get into another loan?

Right now we have a loan with our current vehicle and its transmission went out. We still owe on this vehicle. We are going to eventually just give it back to the bank. When I tried to get another loan for a vehicle, no place would let me because of the loan I have. I used my routing number to make... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 20, 2023

You have the cart in front of the horse. You need to be asking “what are the legal repercussions of knowingly writing a bad check.” The answer is it is a crime, and you can be pursued criminally by the prosecuting attorney or civilly by the lender to whom you wrote the check knowing it would... View More

3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 18, 2023

Pay scales are not mandatory from a legal standpoint. While I would think that an employer would not want to have folks being paid less than whatever pay scale they have set for a position, there is no legal basis to force the issue that I am aware of in the state of Missouri.

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3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

Eva Zelson
Eva Zelson
answered on Sep 26, 2023

There may not be any legal recourse, but if you are a member of a protected class, including race, religion, national origin, age, sex, gender identity, or sexual orientation, it may be worth questioning why you are paid less than the published pay scale. If you have suspicions, consult with an... View More

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2 Answers | Asked in Consumer Law for Missouri on
Q: I received the following email and was wondering if I should pay or if it is a scam.

CASH NET USA DEPARTMENT

Attention,

LAWSUIT COURT CASE FILES NO: K13858464

LAWSUIT COST - $1771.75 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

SETTLEMENT AMOUNT - $1275.63

CONTACT AT: xxxx

1. If you can make a one-time payment of $750.75 (same... View More

Dayrell Lynn Scrivner
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answered on Sep 15, 2023

This email appears to be a scam. First, the case number is not a valid Missouri number. Second, there would not be a "Warrant for Search and Seize", or anything like that, issued in a civil collections case. Finally, it is a dead giveaway when these scams use language like... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I am a city employee. A citizen is making accusations against me.

The citizen said that she has pictures of me coming home during the day. I do at lunch but that is all. The mayor is unable to produce the pictures

T. Augustus Claus
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answered on Sep 13, 2023

First, review your work schedule and ensure that your actions are in line with your employment policies. If you have a designated lunch break, using it appropriately is important.

Document your daily activities, including your lunch breaks and any work-related trips. This documentation can...
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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in... View More

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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
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answered on Sep 13, 2023

In democratic systems with a rule of law, the government creates and enforces laws through legislative processes. Laws must conform to the constitution and legal framework. However, when a law is challenged as unconstitutional or in violation of legal principles, a system of checks and balances... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

1 Answer | Asked in Contracts and Education Law for Missouri on
Q: Under the McKinney Vento law in the state of Missouri, can a school board deny a child an education?
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answered on Sep 11, 2023

Under the McKinney-Vento Homeless Assistance Act, which is a federal law applicable in Missouri, school boards are prohibited from denying a child access to education solely based on their homeless status. This legislation ensures that homeless children and youth have the right to a free and... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

James L. Arrasmith
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answered on Sep 11, 2023

I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

Both under federal law and state law, the manufacturer, distribution, possession, and use of certain drugs is illegal. These laws were passed by the duly elected representatives of the people in Congress and in state legislatures, and do not violate either the U.S. Constitution or state... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Do you legally have to do what a notarized agreement says? Or is it just a piece of paper?

The other parent does not want to abide by the agreement. The agreement has not went through court.

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.

You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with...
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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: how did I obtain a license agreement for Disney, marvel, and dc? I want to do custom tees inspired by their content
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answered on Sep 9, 2023

Obtaining a license agreement to use intellectual properties of Disney, Marvel, and DC for creating custom merchandise involves approaching the respective companies and negotiating a license agreement with them. You will need to prepare a detailed business plan outlining how you plan to use their... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son goes to his dads house a few times a week overnight and my son says he doesn’t have a bed and sleeps on the floor

His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More

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