Missouri Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Missouri Questions & Answers
Q: I got a "fix it ticket." What does that mean? Can I get out of it being on my record somehow?
Andrea Rogers' answer
Usually that means you can get the problem fixed (repair the broken tail-light, for example) and bring proof to court and show the judge, who might dismiss the ticket or reduce the fine. "Fix-it" tickets are usually for non-moving, no-point violations like "Failure to Register Vehicle" or "Equipment Violation" (broken tail-light) which is not going to show up on your driving record anyway.
Usually that means you can get the problem fixed (repair the broken tail-light, for example) and bring proof to court and show the judge, who might dismiss the ticket or reduce the fine. "Fix-it" tickets are usually for non-moving, no-point violations like "Failure to Register Vehicle" or "Equipment Violation" (broken tail-light) which is not going to show up on your driving record anyway.
Q: There is a dog in an abandoned house. Can I bring it food and water until animal control gets a warrant?
Kristen Thurmond's answer
While this answer is a bit late, I still wanted to respond so if anyone else has a similar question they can find an answer.
Your best bet is to call an animal welfare group or animal control before entering property that is not yours, even if you believe it to be abandoned. You could be charged with trespassing or get injured. If the dog is simply outside and you can easily and safely provide food and water, you physically can do so but it is at your own risk of injury and criminal...
While this answer is a bit late, I still wanted to respond so if anyone else has a similar question they can find an answer.
Your best bet is to call an animal welfare group or animal control before entering property that is not yours, even if you believe it to be abandoned. You could be charged with trespassing or get injured. If the dog is simply outside and you can easily and safely provide food and water, you physically can do so but it is at your own risk of injury and criminal...
Q: My sons mother and teacher are withholding educational information from me regarding my son, i have full rights to.
Kristen Thurmond's answer
One solution to the school issue is to call the school and ask about how to receive information directly from them as a parent who lives out of town. Most schools have online portals to view grades, correspondence, attendance, etc. At the very least, make sure you're receiving letters, notices, etc. by mail or email. It may mean you have to take a trip to the school with your judgment and ID card before you can speak to anyone, though.
As for other issues, it sounds like you need to...
One solution to the school issue is to call the school and ask about how to receive information directly from them as a parent who lives out of town. Most schools have online portals to view grades, correspondence, attendance, etc. At the very least, make sure you're receiving letters, notices, etc. by mail or email. It may mean you have to take a trip to the school with your judgment and ID card before you can speak to anyone, though.
As for other issues, it sounds like you need to...
Q: notice to vacate or notice to quit which form is used to file for a court hearing on eviction hearing
Ronald J. Eisenberg's answer
Two of the most common type of eviction cases are rent and possession and unlawful detainer. They are controlled by different statutes. Without knowing your situation, I have no way to determine what type of suit you could file.
Two of the most common type of eviction cases are rent and possession and unlawful detainer. They are controlled by different statutes. Without knowing your situation, I have no way to determine what type of suit you could file.
Q: Sue the creditors/credit bureau
Ronald J. Eisenberg's answer
Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.
Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.
Q: In missouri what is the difference between an eviction and an unlawful detainer
Ronald J. Eisenberg's answer
Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession...
Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession...
Q: If my public housing doesn't follow HUD federal posting procedures for eviction does that nullify the action?
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Real Estate Law and Landlord - Tenant
for
Missouri
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
Q: Sold a house in Missouri may 2018.
Ronald J. Eisenberg's answer
Have an attorney review the entire sale contract. I’m not sure if you are referring to an addendum to the sale contract, the inspection report, or something else.
Have an attorney review the entire sale contract. I’m not sure if you are referring to an addendum to the sale contract, the inspection report, or something else.
Q: Is this legal???
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Small Claims
for
Missouri
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Ronald J. Eisenberg's answer
Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.
Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.
Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?
Lydia Seifner's answer
Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.
Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.
Q: If I discover a daycare staff member hit my child and left a bruise, should I sue the whole center or just that one
Ronald J. Eisenberg's answer
The daycare staff member probably makes about ten bucks an hour. I hope your child recovers. A bruise is serious, but if your child was not harmed in a way requiring medical attention it might not make sense to sue. Unfortunately, personal injury attorneys who take cases on a contingency (percentage) basis will generally only sue if there are significant medical damages. I wish you the best and hope you have found a new daycare facility.
The daycare staff member probably makes about ten bucks an hour. I hope your child recovers. A bruise is serious, but if your child was not harmed in a way requiring medical attention it might not make sense to sue. Unfortunately, personal injury attorneys who take cases on a contingency (percentage) basis will generally only sue if there are significant medical damages. I wish you the best and hope you have found a new daycare facility.
Q: How long can a child custody case legally be continued in Missouri?
Lydia Seifner's answer
This question is a bit unclear.
If you are asking how long a parent can have legal custody of a child, then custody over a child continues until the child is eighteen. If a disabled, adult child requires care beyond the age of eighteen, then the matter should be addressed in probate court with an guardianship case.
If you are asking how long a case actually goes, then most courts will allow a case to be continued 3 times before they get fed up with it and set a final trial...
This question is a bit unclear.
If you are asking how long a parent can have legal custody of a child, then custody over a child continues until the child is eighteen. If a disabled, adult child requires care beyond the age of eighteen, then the matter should be addressed in probate court with an guardianship case.
If you are asking how long a case actually goes, then most courts will allow a case to be continued 3 times before they get fed up with it and set a final trial...
Q: How is "good cause" defined for asylum cases?
Ronald J. Eisenberg's answer
"Good cause is defined as a reasonable excuse for being unable to appear for an asylum interview. What may be a reasonable excuse for one applicant may not be reasonable when looking at the circumstances of another applicant. In reviewing whether there is good cause for your failure to appear at your interview, the asylum office considers the facts and circumstances of each case individually. Repeated requests to reschedule are discouraged and may affect the determination of good cause."...
"Good cause is defined as a reasonable excuse for being unable to appear for an asylum interview. What may be a reasonable excuse for one applicant may not be reasonable when looking at the circumstances of another applicant. In reviewing whether there is good cause for your failure to appear at your interview, the asylum office considers the facts and circumstances of each case individually. Repeated requests to reschedule are discouraged and may affect the determination of good cause."...
Q: I met my now fiancee (for almost three years now) when she was a webcam model in the Romania. Should we tell the truth?
Ronald J. Eisenberg's answer
If you are hoping for an attorney to tell you that you should lie or be misleading, I don't believe you will get the answer you desire.
If you are hoping for an attorney to tell you that you should lie or be misleading, I don't believe you will get the answer you desire.
Q: Does my husband & I have any rights on a house that we have made payments on but not purchased by us?
Jennifer Sheila Kornblum's answer
If your daughter and her husband are cooperative, they can sign a Quitclaim Deed transferring their interest in the property to you and your husband. You will need to record the deed when it has been signed and notarized.
If your daughter and her husband are cooperative, they can sign a Quitclaim Deed transferring their interest in the property to you and your husband. You will need to record the deed when it has been signed and notarized.
Q: Trying to find out the cost of a uniform citation. in violation of code 304.050 in Lincoln county missouri
Andrea Rogers' answer
You can call the court clerk in Lincoln County and ask if a court appearance is required or can you just plead guilty and pay the fine. I expect that you will have to appear in court for this type of ticket. If so, the judge will sentence you and determine the amount of the fine. If you plead guilty, points will be added to your driving record and your car insurance rates may increase. The judge might require you to do community service, attend driving school, etc.
FYI - For some types...
You can call the court clerk in Lincoln County and ask if a court appearance is required or can you just plead guilty and pay the fine. I expect that you will have to appear in court for this type of ticket. If so, the judge will sentence you and determine the amount of the fine. If you plead guilty, points will be added to your driving record and your car insurance rates may increase. The judge might require you to do community service, attend driving school, etc.
FYI - For some types...
Q: where can i get help filling out an application for citizenship
Ms Grace I Gardiner's answer
Generally we recommend working with an experienced immigration attorney
Generally we recommend working with an experienced immigration attorney
Q: Do i have to give up my car if i file for chapter 7?
Timothy Denison's answer
Depends on the equity you have in the car and whether you want to keep paying for the car.
Depends on the equity you have in the car and whether you want to keep paying for the car.
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