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Missouri Questions & Answers
1 Answer | Asked in Business Law for Missouri on
Q: Is it legal for someone to embellish hats with logos on them and sell it?

I'd like to sell wig hats with hair attached, and embellish it with rhinestones. I'd also like to sew animal ears on them. The hats that I plan to use are from brands like Nike, Chanel, Adidas, and Coca-Cola.

Michael Burk
Michael Burk
answered on Jun 28, 2022

No. These companies have registered trademarks and trade dress filings that cover the logo hats they manufacture. You may for your own use embellish your own hat by one of these brands but if you sell their hats embellished in commerce they will sue you for infringement, obtain an injunction... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Missouri on
Q: My attorney refuses to file a motion to withdraw guilty plea.

I have never seen any of my case file.

I have never been given a copy of what my attorney told me to sign.

My attorney refuses to allow me to withdrawmy guilty plea, and he changed the terms of the plea less than 5 minutes after I signed it.

He doesn't answer or return... Read more »

Matthew Mueller
Matthew Mueller
answered on Jun 23, 2022

Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Criminal Law for Missouri on
Q: Can a prostitution charge be lowered to lesser charge?
Andrea Rogers
Andrea Rogers
answered on Jun 21, 2022

Yes, it's possible for an attorney to negotiate a plea bargain deal in which a prostitution charge gets amended to a less serious offense. Of course, the outcome depends on the Defendant's criminal history and which court the case is being prosecuted in.

1 Answer | Asked in Employment Law for Missouri on
Q: Do i have to clock out for lunch if i work through it?

Unsupervised pest control job. In three years i've never been enforced to clock out until now when a new manager comes in

Rebecca Hill
Rebecca Hill
answered on Jun 20, 2022

You should call an attorney to discuss your situation. Under the Fair Labor Standards Act employers are not required to pay employees for "bona fide" lunch breaks that last 20 minutes or more. However, if you are required to keep working after you clock out for lunch, the lunch break is... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: What can I do as a person currently in a chapter 13 and ATT has drafted a payment on a closed payment method?
Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Move to hold them in contempt for violating the bankruptcy stay.

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: If my dad passed away with out a will but I have screenshots of the conversation him and I had hours before his death

He said to me that I can have one of his cars and even tho it isn't any will the Facebook messenger verify that its his page with his profile picture and full name with the conversation from him and I and he's telling me I get one of his cars so isn't that conversation û and him... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 16, 2022

In Missouri, an oral will is generally not valid. There is an exception but not in the circumstances you describe. Missouri requires a person's last will to be in writing and witnessed and notarized. I'm afraid your father's statements on facebook messenger will not be enforced by a... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My boss has asked me to provide EMDR counseling for past trauma he experienced as a child. Can I ethically do this?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

There is nothing inherently wrong with providing these services to a supervisor, provided you are licensed to provide such counseling.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Can a chapter 13 plan be extended longer than 5 years?

I have been paying for 58 months on a ch. 13 plan. My lawyer just emailed and said I owe $7500 more dollars. I pay $750 a month. They asked if I wanted to pay a lump sum or try to extend my payments for 6 months Nothing has changed since I filed and I made every payment. Is this common?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 14, 2022

I looked into this for a client last fall, and the cases seem pretty clearly to say that the five-year period for a Ch. 13 confirmed plan cannot be extended beyond five years.

It may be that some creditor(s) have filed proofs of claim enlarging the amount you must pay to be current on,...
Read more »

1 Answer | Asked in Probate for Missouri on
Q: 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei

My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 10, 2022

Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that... Read more »

3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 9, 2022

You do not need necessarily have sales. Your product or service needs to be available to the public for use or purchase. In your case you should be able to file a SOU. Consult with an attorney, this is not legal advise.

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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 9, 2022

This is not legal advice, but in general, a trademark owner does not need to show sales in order to satisfy the Statement of Use requirements in response to a Notice of Allowance from the USPTO. There are many charities and other nonprofits that own U.S. federal trademark registrations without ever... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: MO landlord deducted from the deposit WITHOUT offering date and time of inspection. Am I entitled twice the deposit?

Unit was left in good condition, and was rented out immediately after we vacated. There are no damages and nothing beyond normal wear and tear. Photos verify this. My understanding is that based on the lack of ability to be present at inspection, we are entitled twice the amount. Is this accurate?

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

You are entitled to sue for a breach of the security deposit statute. If you win, the court has discretion to award you up to twice the amount wrongfully withheld.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... Read more »

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
Read more »

1 Answer | Asked in Car Accidents for Missouri on
Q: Car hit when backing up in private parking lot. Have witness to excessive speed of the other vehicle. Who is at fault?

Parking lot speed limit was 10mph. Witness who saw it concluded confidently that other person was going much faster than 10mph. Who will insurance find at fault?

Tim Akpinar
Tim Akpinar
answered on May 31, 2022

A Missouri attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, a vehicle entering the existing main flow of traffic is obligated to yield. If there is video surveillance, that would naturally carry more weight than the observation of a non-expert... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: In the state of Missouri is it legal for a city worker to come into a privacy fenced backyard, when there are no meters

There are no meters or anything owned by the city in the back yard. And my fence has been damaged.

Trenton D. Garza
Trenton D. Garza
answered on May 25, 2022

Generally, it would not be lawful for a city worker to enter your property without your permission, or to damage your fence. However, there are many circumstances where it is legal for them to enter your property - even against your direction. Having a meter is just one example where a city or... Read more »

1 Answer | Asked in Personal Injury and Wrongful Death for Missouri on
Q: Can a certified lifeguard in the state of missouri be held liable if someone drowns in a municipal public pool?
Todd N. Hendrickson
Todd N. Hendrickson
answered on May 20, 2022

That depends on a lot of factors. All I can say at this point is it's possible.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children

I need to know what "Mother's address shall be utilized for all mailing and educational purposes for the minor children means in our Divorce degree. I understand the mailing part but does the educational purposes mean that my kids will go to school where my ex-wife lives even if she moves?

Kristen Thurmond
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Kristen Thurmond
answered on May 16, 2022

Usually that language is to state an address to (1) have one address for important mail to come to so it is not missed and cannot be send to multiple places and (2) direct which school district to use unless otherwise stated in your agreement, parenting plan, or judgment. If the rest of the... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Is Regulations on Assistance Animals (ESAs) Legal?

Hi, I live in a single family home, in Missouri, which is public housing. I was prescribed by a psychologist an assistance animal to help with my severe generalized anxiety and depression. I went to speak with my landlord and they gave me a thick sheet of “rules” i have to follow such as;... Read more »

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

This is not legal per the Fair Housing Act as a blanket set of rules. Reasonable restrictions can be requested by the landlord if your particular emotional support animal(s) would somehow interfere with the living situation of other residents/ the character of neighborhood (for example your... Read more »

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