Missouri Questions & Answers by Practice Area
- Bankruptcy
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- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
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- 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
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- Stockbroker Fraud
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- Uncategorized
- White Collar Crime
- Wrongful Death
Missouri Questions & Answers
Q: How do I go about filling for a legal seperation
Lydia Seifner's answer
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.
Q: What does a partition action entail?
Ronald J. Eisenberg's answer
That's not a question that can be answered in a sentence or two. Not a lot of these cases get filed.
Here' a link to the rules about partition actions. https://www.courts.mo.gov/page.jsp?id=1019
That's not a question that can be answered in a sentence or two. Not a lot of these cases get filed.
Here' a link to the rules about partition actions. https://www.courts.mo.gov/page.jsp?id=1019
Q: Will a home bought roughly one month prior to marriage be divided in a divorce?
Lydia Seifner's answer
Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage; then you have a claim to the house being considered martial property. Talk to an attorney local to you to assist you.
Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage; then you have a claim to the house being considered martial property. Talk to an attorney local to you to assist you.
Q: Can I petition the court to have my name removed off of the loan and title of my house?
Ronald J. Eisenberg's answer
You are in tough spot. You could hire an attorney and file a partition action. But you don't have a right to get removed from the loan. The lender likely wouldn't have made the loan to only one of you and now would be foolish to release one of the two borrowers because doing so would increase risk to the lender.
You are in tough spot. You could hire an attorney and file a partition action. But you don't have a right to get removed from the loan. The lender likely wouldn't have made the loan to only one of you and now would be foolish to release one of the two borrowers because doing so would increase risk to the lender.
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?
2 Answers
| Asked
in
Copyright, Business Formation, Business Law and Trademark
for
Missouri
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
Q: As a Unit Owner, how can I force Board compliance of MO 448.3-108 when the Board and Management Company refuses
Ronald J. Eisenberg's answer
I don't know what legal basis they are providing for not following the statute. If what they are doing violates the statute, you can file suit to obtain compliance but that will be a costly endeavor.
I don't know what legal basis they are providing for not following the statute. If what they are doing violates the statute, you can file suit to obtain compliance but that will be a costly endeavor.
Q: How do I file a motion to terminate collection of arrears child support?
Ronald J. Eisenberg's answer
Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.
You may file any motion you want. If you want to seek modification, hire a local family law practioner.
Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.
You may file any motion you want. If you want to seek modification, hire a local family law practioner.
Q: My boyfriend called the cops to get me on third floor or into heartland. They arrested me. I have mental disorders.
Ronald J. Eisenberg's answer
Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.
Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.
Q: if we are paying half the tuition which is more than child support do we still have to pay child support?
Ronald J. Eisenberg's answer
Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.
Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.
Q: Im wanting to get felony charges expunged/sealed so i can join military and persue a career in criminal justice.
Ronald J. Eisenberg's answer
Here's a thorough article on the new expungment law in Missouri.
http://missourilawyershelp.org/understanding-missouris-new-expungement-law/
Here's a thorough article on the new expungment law in Missouri.
http://missourilawyershelp.org/understanding-missouris-new-expungement-law/
Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?
1 Answer
| Asked
in
Constitutional Law and Legal Malpractice
for
Missouri
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Ronald J. Eisenberg's answer
Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.
Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.
Q: Can a landlord in Missouri withhold a carpet cleaning fee from deposit when there is no mention of a fee in the lease?
Ronald J. Eisenberg's answer
If you disagree with the withholding, you may file suit in small claims court under this statute: https://law.justia.com/codes/missouri/2015/title-xxxvi/chapter-535/section-535.300/
If you disagree with the withholding, you may file suit in small claims court under this statute: https://law.justia.com/codes/missouri/2015/title-xxxvi/chapter-535/section-535.300/
Q: I live in a mobile home park in missouri. They just doubled the fee for trash pickup. Do I have to pay?
Ronald J. Eisenberg's answer
If you have no written lease then you are likely on a month-to-month tenancy. Therefore, even if you don't owe the increased fee (you might), then the landlord is free to give a month's notice and terminate the lease. You'll have to decide whether to fight, in which the landlord will likely terminate the lease, or to pay the money you don't believe you owe.
If you have no written lease then you are likely on a month-to-month tenancy. Therefore, even if you don't owe the increased fee (you might), then the landlord is free to give a month's notice and terminate the lease. You'll have to decide whether to fight, in which the landlord will likely terminate the lease, or to pay the money you don't believe you owe.
Q: I am behind on rent. Our landlord turned over property to a property management .I just got a text from them offering me
Ronald J. Eisenberg's answer
If you are behind on rent and unable to get current, then taking the money to move is an option you should consider.
If you are behind on rent and unable to get current, then taking the money to move is an option you should consider.
Q: Can I pay over what the price of a speeding ticket is to have it knocked down to a non-moving violation? You can in KS.
Ronald J. Eisenberg's answer
What you ask is common in Missouri but depends on the court. Ask an attorney or practices traffic law in the court where you must appear.
What you ask is common in Missouri but depends on the court. Ask an attorney or practices traffic law in the court where you must appear.
Q: Is interferring with the operation of a school bus while the bus is in transit with students a violation of federal law?
Ronald J. Eisenberg's answer
It is a state law crime but I'm not aware of it being a federal crime. Perhaps if the incident occuring on federal propery, a federal charge could be added.
It is a state law crime but I'm not aware of it being a federal crime. Perhaps if the incident occuring on federal propery, a federal charge could be added.
Q: I got a ticket for driving a motor vehicle the wrong way on a one way street, which it was late at night.
Ronald J. Eisenberg's answer
You are unlikely to get it dismissed but if you hire an attorney, the attorney might be able to work out a deal whereby you plead guilty to a non-moving violation in exchange for paying a higher fine. That is common in Missouri and could save you money on insurance in the long run. Or you could simply defend the case.
You are unlikely to get it dismissed but if you hire an attorney, the attorney might be able to work out a deal whereby you plead guilty to a non-moving violation in exchange for paying a higher fine. That is common in Missouri and could save you money on insurance in the long run. Or you could simply defend the case.
Q: My husband is serving 15 years for a crime he did not commit what can I do?
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Missouri
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Ronald J. Eisenberg's answer
It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the situation.
It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the situation.
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