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Missouri Questions & Answers
1 Answer | Asked in Bankruptcy and Insurance Defense for Missouri on
Q: We are currently in a chapter 13, we received a check from insurance company for hail damage made out to mortgage compan
Timothy Denison
Timothy Denison answered on Oct 16, 2019

Advise the trustee and turn the check over to him if necessary.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Bankruptcy for Missouri on
Q: We are in a ch 13, we received a check from insur co for hail damage made out to mortgage does work have to be complete

Our 19 year old son leaves for basic training this week and has several thousand dollars in debt can we ask to retain funds for personal use

David Reese Fondren
David Reese Fondren answered on Oct 14, 2019

First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief... Read more »

1 Answer | Asked in Consumer Law for Missouri on
Q: What can be done concerning a garnishment for a debt that you don't owe & the original garnishment was orderd 3-2012?

When researching a friends finances, I discovered that a garnishment in April 2018, was the second attempt to collect a debt that had been purchased sometime prior to November 2011, when the first garnishment order was filed for.

When questioning my friend concerning the information that I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Missouri judgments are valid for 10 years and may be revived for additional 10-year periods.

A garnishment was issued because a judgment was entered. A money judgment requires service of process. If your friend was not served, then she should hire an attorney familiar with process of...
Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: I was holding my phone while it was charging and was electrocuted apple wants all of my medical information why?

I’m still in treatment trying to deal with this constant pain and nothing helps (5 months now) anyway I called apple to ask about something like this happening before to someone else. They transferred me to 3 different people. I sent them pictures of the shock and damage to my hand and they want... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Contact a personal injury attorney near you. If you are claiming to have been harmed, it is normal for the other side to want to see your medical records in order to assess whether to pay you and how much (or, more likely, little).

1 Answer | Asked in Business Law for Missouri on
Q: Could I take an out-of-state online business to small claims court?

This last May, I won $500 in free airfare credit from a vaping website I use, named Breazy. I was told I would have my prize “no later than the 30th” of the month (so May 30th). It’s now almost mid October and still no prize. I’ve emailed and called many times. Filed a BBB complaint that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

I'm sorry to hear that Breazy won't keep its word. Filing suit in small claims court against an out-of-state company like Breazy won't do you much good for reasons that would take too long to explain in a short answer, but deal with your ability to collect the judgment if you get one. I suggest... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: If an insurance company decides against your claim against their client, how to pursue?

Last August I went to a city meeting. The parking lot was a mucky mess due to reconstruction. Leaving the meeting I walked across a grassy strip next to the parking lot to avoid the muck, stepped into an unmarked trench that lined a newly-installed parking curb, tripped and fell. The trench was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

A Missouri attorney could advise in the best possible manner, but your question remains open for two weeks. If there is no further medical treatment and no meaningful findings of injury in any follow-up examination, and these bills are the extent of damages, small claims could be an option. If... Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: When sending medical claim to party responsible for personal injury, do you include what your health insurance paid?
Tim Akpinar
Tim Akpinar answered on Oct 8, 2019

A Missouri attorney would be in the best position to advise you based on applicable state laws, but your question remains open for a week. As a general rule, without regard to jurisdiction, you do disclose what you were reimbursed by your health insurance - a claimant does not collect twice from... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Collections for Missouri on
Q: As head of household if I have 2 garnishments what is the total max % that can be deducted for both?

Neither are CS, taxes or student loans

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 4, 2019

10 percent total. The garnishment that was served first is the one that gets paid.

I hope this answer helps.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have a question regarding real estate

a fence outside our property line (Phelps County MO) was built 10 years ago when the subdivision was created. we have no HOA and the fence is actually in the easement of State Hwy O and our street, Fawn Ridge. Who is responsible for maintenance of the fence ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

Responsibility for fence maintenance should be in the documentation that created the easement. You can usually get these types of documents from a title company.

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you just because you told him he's not following safety codes and he needs to do repairs

we have bats in our ceilings that come into the apartments my outdoor lighting on my deck has never worked I've got Outlet in my kitchen that has quit working in a year ago I got exposed wiring and it's roach-infested the whole building is roach-infested and he keeps spraying for roaches every two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

A landlord can filed suit to evict you if the landlord can prove that you've breached your obligations under the lease or that the lease has terminated and you are still there.

1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna be in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

Read the guide I wrote on how to set aside a default judgment.

https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html

Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA)....
Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Is not having video surveillance reason to vacate was available but police and the D.A. No gather prove I no guilty

I got arrested nov17 2018! I knock on window because lady waved so when I recognized car I knock on rear window to ask a ride cops said I tried open door no true I no do anything wrong

Gary Kollin
Gary Kollin answered on Sep 30, 2019

You have made damaging admissions in a public forum.

Speak only to your attorney in private

Video surveillance is NOT required.

Would the law allow criminals to get away with a robbery committed in area with recording?

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: We thought we only signed a year lease and they Just informed us it automatically renewed for year

There is one sentence stating the lease will automatically renew after year lease but was never told how we had to avoid that. We assumed that our lease was up in September and we told them we were moving and they said we never told them not to renew the lease. How can we get out of this lease. We... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 27, 2019

Have an attorney read the lease and see if there is a way out. Leases commonly have automatic renewal provisions and they are generally enforceable. You could have given timely written notice that you were not renewing.

1 Answer | Asked in Civil Rights, Education Law and Small Claims for Missouri on
Q: can I sue my private highschool for not protecting me against racial aggression, bullying, and hate?

I was bullied and terrorized horribly my senior year of high school for being African American, received threats, and more. My private high school did absolutely nothing on my behalf, or anything to protect me. Do I have the right to sue them? I have since then developed chronic depression and... Read more »

Gary Kollin
Gary Kollin answered on Sep 26, 2019

If we wrote no, would you abandon this?

If you wrote yes, then you would need to contact a local lawyer.

So since you will not abandon it, then contact a local lawyer for a consultation

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