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Missouri Questions & Answers
1 Answer | Asked in Traffic Tickets for Missouri on
Q: I got a speeding ticket 11/2/20. The court date on the ticket was 2/10/21, but court was cancelled due to Covid.

Now, a year later, CaseNet continues to say 'case with PA'. Is this beyond the statute of limitations? When I called the court they said if there is no new date in a year I can forget about the ticket. True?

Andrea Rogers
Andrea Rogers answered on Jan 25, 2022

Not necessarily. The Prosecutor has 1 year from the date of the incident to file the charge. It is possible that the Prosecutor filed the charge within the 1-year statute of limitations, but the court clerk just hasn't set the case on a docket and notified you of the court date yet. If that... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: IN missouri, If home is titled "husband and wife" is this the same as tenants by the entirety?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2022

In Missouri, a married couple taking title as husband and wife are taking title as tenants by the entirety.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: If you are fairly certain that a seller lied on the disclosure form, is there any action you can take against them?

We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 24, 2022

It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: our apartment lease ended on 1/26/21. i emailed landlord on 1/23/21 and asked to renew one additional month. apartment

typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 19, 2022

An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »

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1 Answer | Asked in Health Care Law and Workers' Compensation for Missouri on
Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that... Read more »

Tim Rose
Tim Rose answered on Jan 19, 2022

This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: Can my wife visit me in the US, she has VWP, I am a US citizen, we are not intending to stay in the US.
Agnes Jury
Agnes Jury answered on Jan 19, 2022

Yes. She should be ready to prove to the border patrol officer that her visit to the US is only temporary and that she intends to return to her home country because she has strong ties there (ex: job, family, real estate, financial obligations, etc). Best wishes!

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 18, 2022

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: I made a purchase online and canceled it, and received a refund. The company shipped it anyway. Do I return?

The order was canceled and I received a refund. It shows a zero balance for the item. Am I obligated to return the item?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Missouri attorney could advise best, but your question remains open for a long time. If you received a refund, then the company is entitled to return of its merchandise. That's a general legal premise nationwide. Good luck

1 Answer | Asked in Car Accidents for Missouri on
Q: Who is liable When a vehicle passes another vehicle to avoid an accident and the other car hits the passing vehicle?

A vehicle pulled out of a bar parking lot on the highway in front of another vehicle traveling 55 mph. After suddenly slamming on the brakes was not efficient enough to completely stop, The driver decided To pass the vehicle to avoid an accident. While successfully crossing the dotted line that... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 8, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. Most attorneys would want to see available evidence before offering an opinion - police reports, video, eyewitness testimony, skid marks, points of impact on vehicles, etc. However, as a general rule applied in... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer change my rate of pay without notification?

Upon receiving my last wage statement, I found my pay had been reduced by $2 p/hr. I was not notified of any rate change. I have talked to my boss and to HR about this and they have told me that because I am not doing a specific task as my job (relief driver) that I am not entitled to the pay -... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 7, 2022

There is a Missouri statute that may apply. It's a pretty weak one, however.

  290.100. Thirty days' notice of reduction of wages, how. — Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to...
Read more »

2 Answers | Asked in Immigration Law for Missouri on
Q: Hi, I cosponsored a family member due to petitioner income not being sufficient 6 years ago.

The beneficiary has been deceased since 2019. I currently would like to petition for my husband, would it be considered that I petitioned before or would the answer to the prior petition be no

Update: just want to clarify. Nothing has been asked of me. I joint/cosponsered a relative with my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

There’s a bit more going on, here. You can be asked for evidence that the jointly sponsored alien is actually deceased. Otherwise, he may deemed as a dependent and you can be viewed as misrepresenting on the form I-864.

It’s also unclear whether any financial responsibility has accrued....
Read more »

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1 Answer | Asked in Traffic Tickets for Missouri on
Q: I received a failure to keep right ticket. I accidentally drove into a ditch. How can I contest this ticket?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

You can show up at court, ask for a trial, and defend the case. A more practical option, if you wish to avoid points against your licenses, is to hire an attorney to contact the prosecutor and seek a "recommendation." That means your attorney would be seeking to have you plea to a... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: is this coercion?

I tried to sell something online and my account got suspended. I asked why it got suspended and I was told this is a common procedure and I need to show proof of identity before i could sell. ok thats fine so thats what i did. i sent my photo ID as i was asked to do along with other personal... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

I don't know what website you were trying to use, but why do you believe that the website is not allowed to set rules for users? You might feel pressured to provide your financial information but you are free not to share that information and not to use the website if you have privacy... Read more »

1 Answer | Asked in Landlord - Tenant and Mergers & Acquisitions for Missouri on
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out.

Because they are selling the house

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney. Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property. There's a specific statute by which a tenant can be forced out if there has been a... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: How can I get my money from my SSA attorney that owes the overage from the SSA amount held back to pay them?

I have an SSDI case that was won and the SSA held out a percentage of the back pay to cover attorney fees. The amount that was held over supersedes the maximum amount they are able to take out. I've been waiting over a year for the overage and the attorney continues to tell me the SSA has not... Read more »

Maria Elena Bermudez
Maria Elena Bermudez answered on Jan 4, 2022

Many times Social Security is waiting for something specific and just hasn't received it. A year is a very long long time for you to be waiting so you'll want to find out directly from SSA what they need.

Your best bet in this situation is to contact Social Security directly....
Read more »

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My sister has full custody of her boys. She passed 2 weeks ago. If she left a will stating where she wants them to go,

can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.

Steve D. Hardin
Steve D. Hardin answered on Jan 4, 2022

To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.

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