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Missouri Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: Which attorney is the best for slip and fall that happen on your job
Scott Andrew Wilson
Scott Andrew Wilson
answered on Jan 26, 2023

You should look for an experienced workers compensation lawyer who represents injured workers who also handles personal injury claims as there may be potential third-party liability if someone other than your Employer was negligent in causing the dangerous condition.

1 Answer | Asked in Contracts for Missouri on
Q: signed a contract for a new job on 1/10/2023 as NP; I am yet to complete the HR onboarding documentation. Can I back out

The contract was made effective on 1/10/23, but the contract also said The

position and salary would begin effective around 02/9/2023. They are claiming they have spent a lot on credentialing and that I will have to hold to the term of the contracts in full or pay to break the contract. The... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 23, 2023

You should hire an attorney to review the contract and provide advice rather than hope that someone will accurately asses a snippet of the document.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Can 2 heirs sale inherited farm if 1 heir disagrees & is trustee of irrevocable trust & lives in house? Missouri state

Trustee lives in house & kept 98% of contents along with farm contents. Land has been surveyed into 3 plots of 42 acres each, but house,lot & barn w/lot not included. Has been appraised. He won’t pay heirs their 2/3 .

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 22, 2023

You should consider retaining an attorney to bring an action to enforce the trust and require an accounting from the trustee. It appears that the trustee is not acting in a proper fiduciary manner, nor complying with the terms of the Trust. You are entitled to an accounting for trust property... Read more »

1 Answer | Asked in Probate for Missouri on
Q: When a will is filed in Missouri, does the executor pay filing fees and other expenses upfront out of his own funds?

Since an attorney is required when filing a will for probate and the court requires payment of a filing fee, this can be a significant sum for someone who has been named an executor to pay on their own.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 22, 2023

An attorney cannot ethically advance costs. Therefore, the costs must be paid up front- usuallly by the personal representative. Intial Court costs are typically under $200.00. These costs can be reimbursed from Estate funds after the personal representative receives his or her letters of... Read more »

1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for an employer to make an employee take a vacation day for a Friday off of a 4 day work week?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 21, 2023

Employers aren’t required to provide any vacation days. Therefore, this isn’t a matter of legally but rather whether the employer is breaching its contract with the employee.

1 Answer | Asked in Divorce for Missouri on
Q: My husband of 4 months cheated on me and has been seeing another women for at least 3 months. Annulment or divorce?
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Jan 20, 2023

Divorce. The only practical difference in a divorce and annulment is that an annulment requires additional proof. An annulment is not going to be quicker or cheaper than a divorce either.

1 Answer | Asked in Collections for Missouri on
Q: I have 4 personal loans that I have current but I'm not going to be able to pay 3 of them it's either eat or pay them.

The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 19, 2023

If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.

1 Answer | Asked in Business Law for Missouri on
Q: I was an auto dealer until 11-14-2022. Wells Fargo repo'd a vehicle I sold and sent me a bill for gap refunds on12/10/23

Is there a Missouri statute regarding timely bill delivery and payment of such

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I have succeeded in getting a client their vehicle back in a situation similar to this.

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: A friend is in state custody (foster home) she’ll be 18 in March. They are wanting to move her again and she’s tired of

Moving and is thinking about running away. What can happen if she does run away

Kristen Thurmond
PREMIUM
Kristen Thurmond
answered on Jan 16, 2023

First, your friend should have an attorney appointed to them that they can talk to about this. Second, this is really going to depend on the county involved. She needs to be participating at court and taking advantage of all the programs and services available to older kids/young adults in state... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Will I have to pay child support if the child moves in with his father who owes back child support?

This is in Missouri and the father owes 8,000 in back child support for this child.

Kristen Thurmond
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Kristen Thurmond
answered on Jan 16, 2023

This has come up in several of my cases where custody has to change for various reasons. Most of the time, the judges in the courts I practice in have determine it to be a credit towards the amount you owe. Since you stated there is $8000 in arrears, you would be "paying" the new amount... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: Can an officer issue a second citation days after issuing the first citation?

Pulled over on the 11th for failure to register. Was issued a citation. I looked on Casenet and the officer had issued a 2nd citation which I was not even aware of.

Andrea Rogers
Andrea Rogers
answered on Jan 16, 2023

Yes, the police officer issued the ticket, but then it went to the Prosecutor, who can add an additional charge if they want.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Purchased home in 2/2021, recently found structural damage from old water damage that was not disclosed. Options?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you have proof that the seller knew of the problem and failed to disclose, you could have an attorney assert a claim for violation of Missouri's Merchandising Practices Act (MPA). That's Missouri's consumer protection statute. On my website, there is an article you might find... Read more »

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Collections for Missouri on
Q: I am being sued from a debt and collection agency please do you know if I’m between jobs but the job I had paid alot??

What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.

If you don't show up at court a default judgment will be entered against you. If you are served, either show...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: What is a creditors rights and what is mine n court.I am being sued I live in Perryville Missouri
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, does my employer have to pay me for a mandatory zoom meeting?

Company is an LLC & employee is hourly

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 11, 2023

An hourly employee should be paid for attending a meeting, whether in person or online.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: How to have un-wanted house-guests who have over-stayed their welcome out asap in MO?

Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 4, 2023

It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.

1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
Read more »

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