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Missouri Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 4, 2020

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »

2 Answers | Asked in Collections for Missouri on
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2020

I judgment from. Missouri state court lasts 10 years from entry. A payment on the record in the interim automatically revives it as well.

You didn’t provide enough information for me to opine on whether the garnishment was issued on an expired judgment. If so, consult with an attorney...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: I have separated with my ex 2 weeks ago and she is bringing strange men around my daughter

2 weeks into separation, worried about strangers being around my daughter. She told me that one of them slept in her room, I have it recorded, is there an emergency way of getting a restraining order or full custody?

Kristen Thurmond
Kristen Thurmond answered on Mar 31, 2020

Unless something is happening to the kids, such as abuse or neglect, the Court will not entertain emergency orders. You may file for custody under a divorce or paternity action and establish a parenting plan and argue that the other parent does not have the child's best interests in mind. However,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Father of 15 month old child filed Paternity, Child Support, and Custody with courts. What is he going for?

Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?

Steve D. Hardin
Steve D. Hardin answered on Mar 31, 2020

There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and... Read more »

1 Answer | Asked in Car Accidents for Missouri on
Q: I was in a car accident on 2/20. Guy pulled out in front of me and totaled my car.

Some minor injuries. Since I am diabetic, I went ahead and went to the eye doctor for my black eye and the doctor for my sore arm. His insurance is wanting to settle for $3,500 and $10,000 medical coverage for 180 days. Should I settle with this? It doesn't like that should be all. Please... Read more »

Michael S. Foster
Michael S. Foster answered on Mar 31, 2020

You need to have a free consultation with a lawyer to discuss your matter. Please find a lawyer who specializes in personal injury and discuss this matte.r

1 Answer | Asked in Employment Law for Missouri on
Q: Can an employer ban an employee from dating a former client?

I use to train at this gym, but I left and ended my contract with them. I then signed with another gym. The old gym had a no dating client rule. One of their employees and I fell for each other. I haven't been at that gym for over a year, but can that employee still be fired for dating me?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 28, 2020

I'm aware of no state or federal law that would prohibit such an employment policy.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Do I need a lawyer if my apartment complex is still trying to charge me after I filled out an intent to vacate paper?

I moved out of my apartment, provided a 30 day notice. They are now saying months later that there were more documents that I had to fill out. Do I need a lawyer & do I have to pay them?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 27, 2020

There is no simple answer to your question. The language of the lease will govern what type of notice is required, together with Missouri statutes. The duties of a management company to obtain the proper paperwork from a vacating tenant is not addressed in the law, so the circumstances and... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, & I was going to let... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 26, 2020

In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to... Read more »

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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: I owner financed a salon from the previous owner. She filed bankruptcy and I was told to continue making payments to a

Trustee. Wouldn't this negate our purchase agreement with her? Should I still have to pay?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 19, 2020

Whether the sellers bankruptcy is a breach of the contract to purchase will depend on the contract language. Generally, however, the bankruptcy trustee will stand in the shoes of the seller in enforcing the contract and unless bankruptcy is specifically addressed as a breach in the contract... Read more »

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can my 17 year old daughter choose which parent she wants to live with?

My daughter will be 18 in about 6 months. She has always been unhappy living with her mom. She is depressed all the time. Can she choose to come and live with me or do I have to take her mom to court?

Kristen Thurmond
Kristen Thurmond answered on Mar 18, 2020

There is no clear answer to this as it is heavily dependent on the court that issued the original order. Some courts are particular about it and others tend to think forcing a 17 yr old to do anything is pointless. Unfortunately, the best thing to do is talk with the other parent. But be realistic... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: Before divorce judement does non custodial parent required to pay child support in Missouri

Non custodial parents paying medical, vision and dental

Kristen Thurmond
Kristen Thurmond answered on Mar 18, 2020

If there is no order, then a parent is not required to pay support. However, not paying or assisting with any bills will be looked upon negatively by some courts. Covering insurance is a positive, but may not be enough. Health insurance premiums is a credit applied to the basic amount of child... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: my dogs get lose, one is aggressive but has not bit anyone. They call it attacking. I have 2 tickets . Do I need a lawye

My dog has not physically bit anyone . My ticket say my dog has attacked people . Idk the laws about this. My dog is a good dog she has never Ben aggressive to us an I have 5 kids smallest 2 . She has broke a chain an slipped callers an the children have Ben known to let them out. I have tried to... Read more »

Kristen Thurmond
Kristen Thurmond answered on Mar 18, 2020

A dog may not be aggressive to people in its own home. A loose dog will act unpredictably. A dog does not have to bite someone to be considered an attack. More than likely, you'll want an attorney that practices in your county/city to help you understand local laws and your options.

1 Answer | Asked in Civil Litigation for Missouri on
Q: Objection to adding third party

How long do I have?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 17, 2020

Depends on the court. Depends on any scheduling order that has been entered. Depends on whether a hearing has been scheduled. Depends on whether your opponent can add a thrid party as a matter of right. How's that for a lawyerly answer?

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've signed and 3... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 16, 2020

The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue in small claims court... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 14, 2020

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2020

A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »

1 Answer | Asked in Public Benefits and Real Estate Law for Missouri on
Q: Have a situation where a buyers bank appraisal was lower than our contract price. The buyer had an appraisal rider

in the contract. They verbally agreed through their agent to honor our agreed upon contract price which happened to be 8K higher than their appraisal. We listed our house on Zillow so are in essence representing ourselves Should we require the buyers to sign an amendment stating that they agree... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 9, 2020

If it's not in writing, it didn't happen. The terms of the contract changed if the appraisal contingency was not met and the buyers want to complete the transaction anyway. You should consult a lawyer to formalize the arrangement.

2 Answers | Asked in Estate Planning and Banking for Missouri on
Q: If I accidentally deposit money in a UTMA can I fix my mistake or is it irrevocable?

A few days ago I accidentally deposited some money in my daughter’s UTMA and bought some stocks with it before I realized my mistake. Can I sell the stocks and withdraw the money or is it now irrevocable her money?

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

Generally speaking, any deposits to a UTMA account by a parent are irrevocable. You should consult an attorney in your area to discuss the details to be sure.

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1 Answer | Asked in Immigration Law for Missouri on
Q: I got married in Missouri and my husband moved away without telling me anything can I file for my green card??

He is an American citizen so can I file under the abandonment laws??

Adan Vega
Adan Vega answered on Mar 5, 2020

If you experienced battery or extreme cruelty by your U. S. citizen spouse, you can file the FORM I-360 with USCIS and request the benefits of a VAWA petition.

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