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Missouri Questions & Answers
1 Answer | Asked in Collections for Missouri on
Q: Do I have to appear in court for a citation on examination of judgement debtor in the state of Missouri?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 14, 2020

If you have been served yes. If you fail to appear the plaintiff may request a body attachment. In other words, you could get locked up.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Does Missouri have a law for harming dogs in Missouri

My neighbor put glass along fence majorly hurting my dog

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

Animal cruelty/neglect. Call animal control.

1 Answer | Asked in Estate Planning for Missouri on
Q: Is my heir liable for my credit card debt?
Nina Whitehurst
Nina Whitehurst answered on Jul 11, 2020

Heirs are not liable for a decedent’s credit card debt, but the decedent’s estate is liable.

1 Answer | Asked in Appeals / Appellate Law for Missouri on
Q: I had won my case there was some miscommunication and the the bills and utilities werent added would i be safe to appeal

the bills and utilities werent added to the final total awarded. would i be safe to appeal and get the remainder of the money owed to me? or would i be able to file another small claims, and go through it that way?

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter, it could depend on context. What type of case was it? Were those elements material and significant? What was the error or oversight resulting in their omission? Was the evidence withheld?... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Missouri on
Q: Large wheel sized rockinstore lot went unnoticedand scratched and dented my car was told by store people must've moved'e

There are two lines of rocks in this alley behind store one extends more than length of store but opposite the building, the other is about three or four of them against the back wall of the store. Now usually these rocks have remained in position; ive never seen them moved. This time drove into... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

A Missouri attorney could advise best, but your post remains open for a week. There wasn't a question, but I think you might be wondering if you can bring a claim. Based on the description, it sounds like it would be difficult. When you say "pumps," that suggests gas pumps, which... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: What do i look at to see what this pertains to my paperwork

not sure what they mean ?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 3, 2020

Your post is too vague to answer. Please try again and give some context.

1 Answer | Asked in Probate for Missouri on
Q: My brothers lied about my father's assets in probate. They taken everything. Where do I start? His estate half a mil pl

They have financially ruined me. I guess hoping I won't be able to get a lawyer. What do I do? Can I do anything?

Nina Whitehurst
Nina Whitehurst answered on Jul 3, 2020

You need to schedule a personal consultation with a probate attorney right away just in case it’s not too late to intervene in the case. If you have sat back and let it happen it might be too late but you won’t know for certain until you have explored all angles with a probate litigation attorney.

1 Answer | Asked in Estate Planning for Missouri on
Q: Can I amend a trust as the successor trustee based upon the oral directives made by grantor to me?

My father created a revocable living trust in 2015, making myself and two older sisters the beneficiaries. He placed his MO property into the trust and the trust directives are to split the remainder trust in equal shares between us three. However, in 2017 he purchased a property in PA to help out... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 2, 2020

Your ability to make amendments to the trust will depend on the terms of the trust itself. Some settlers grant that power, others do not. If you and your siblings are all in agreement to follow your father’s wishes, however, you may be able to arrange it and still be adhering to the terms of the... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
Q: Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?

I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?

Timothy Denison
Timothy Denison answered on Jul 2, 2020

No. They cannot be discharged.

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1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: In mo got a ticket for no insurance but he never put a fine or courtdate?

With no court date do I have to do anything?

Andrea Rogers
Andrea Rogers answered on Jul 1, 2020

Your choices are:

1) go to court and plead guilty, then the judge will sentence you and determine the amount of the fine. 4 points will be added to your driving record if you plead guilty to "No Insurance" and you will have to pay a fine and court costs,

2) go to court...
Read more »

3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can koozie, but for electronic vaporizers?

I have a design for an insulated holder, like a can koozie, except instead of holding a can, it holds electronic vaporizers (Handheld “vapes” used for smoking herbs/herbal concentrates). Popular electronic vaporizers, like the Pax brand, have a common problem where the unit gets extremely hot... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jun 29, 2020

Dear Matthew,

First of all, congratulations on your creativity!

To best answer your question, we would need to do a patentability search to make sure that your invention is novel and non-obvious over other similar products. If the search shows that there is no impending prior...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can “koozie” except instead holds handheld vaporizers/e cigarettes?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 29, 2020

Yes, you should be able to get a patent on it, if it is sufficiently novel and non-obvious.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My last landlord has 2 days to forward the balance of my deposit...

I have had no word from him...and no tally of the final amount...should I forward him a copy of the statute? Also...would he be liable for attorneys fees...if this progresses? Thx

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

You may show your landlord the statute. I don’t understand your question about attorneys’ fees? If you were to hire an attorney to sue then you’d have to compensate your attorney. The security deposit statute doesn’t provide for the recovery of attorneys’ fees. If your lease does,... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: Can I sell my house with unpaid property taxes? It is not up for tax sale, but is 2 years delinquent.

I have a buyer, and will be selling the house for the remainder of the mortgage, walking away from the closing table with nothing.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 29, 2020

You can sell your house but the unpaid property tax will have to be paid at closing.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 25, 2020

Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of...
Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: Can I sue businesses for promoting the Black Lives Matter movement?

I find it offensive and extremely racist. It has no place in a business such as Amazon. How do I force these companies to stop advertising BLM. If they are not willing to promote Alt-Right why are they allowed to promote BLM?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 20, 2020

Anyone can sue anyone for any amount of money. But you are going to lose if you file such a suit, I believe.

If you are serious and willing to spend thousands of dollars paying an attorney to file a frivolous suit perhaps you’ll find a taker. I think your lawsuit would be dismissed...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?

Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 19, 2020

I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.

https://law.justia.com/codes/missouri/2011/titlexxvi/chapter407/section407912/

If you qualify under the statute and commissions are due, you might have a good claim for more...
Read more »

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