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Missouri Questions & Answers
1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Purchased a bad used car for $10,000 from a private seller. The car needs over $17,000 in repairs.

Is there any recourse for this?

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Buying a used car from a private seller can be tricky, especially when you end up with a huge repair bill like that. In Missouri, private sales are generally "as-is," meaning once you buy it, you take on the risk of any repairs or issues unless the seller gave you specific promises about... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: My landlord never provided me with the physical/mailing address of the land I was actively renting? Can I sure him?
Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like a frustrating situation. In Missouri, landlords are generally required to provide tenants with certain information, including the name and address of the property owner or the person authorized to manage the property. This is so tenants know where to send rent payments or legal... View More

2 Answers | Asked in Estate Planning, Real Estate Law and International Law for Missouri on
Q: I am moving abroad Indefinitely. What should I do to protect my land holdings?

I am moving in a few weeks.

Anthony M. Avery
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answered on Oct 17, 2024

I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More

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2 Answers | Asked in Civil Litigation for Missouri on
Q: Need advice please. I have property of mine at a boat repair business, It is a lower unit that goes on my boat motor.

I had the boat there since June. He kept giving me excuses why it wasn’t fixed. He won’t answer phone calls or text.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like a frustrating situation with your boat repair business. While I can’t provide direct legal advice, I can offer a few steps that might help you move forward.

First, it’s important to document everything—keep a record of the dates when you dropped off the boat, any...
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2 Answers | Asked in Personal Injury for Missouri on
Q: Wife was burnt by a smoke bomb at a wedding. Has potential scarring and burns over her hands, arms, shoulder, and face.

My wife and I were at a wedding and during the reception we were handed bubbles and a smoke grenade thing. The wedding planner assistants told us to pull the pin and hold it out from us. It was dark outside, around 11:00pm. When my wife pulled the pin, the smoke started but then after about 15... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

A Missouri attorney could advise best, but your question remains open for over a week. I'm sorry about the accident. I hope your wife is okay. You mention not wanting to upset the bride's family. If a claim is initiated, there is no controlling the direction it takes, in terms of one... View More

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2 Answers | Asked in Personal Injury for Missouri on
Q: Wife was burnt by a smoke bomb at a wedding. Has potential scarring and burns over her hands, arms, shoulder, and face.

My wife and I were at a wedding and during the reception we were handed bubbles and a smoke grenade thing. The wedding planner assistants told us to pull the pin and hold it out from us. It was dark outside, around 11:00pm. When my wife pulled the pin, the smoke started but then after about 15... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

This situation sounds painful and frustrating, especially since it happened while trying to enjoy a wedding. The key thing here is that the wedding planner or their assistants gave instructions that may not have been correct or safe, which led to your wife's injuries. If those instructions... View More

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: I got into a car accident, the person who claimed liability lives out of state their insurance does not cover my cost

They already took my car and here it is almost 3 months later and they still have not sent payment over I'm having to pay for a rental out of pocket, and harassed to put this under my insurance when I'm not the one who took liability what can I do to get this going. They deemed my... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

A Missouri attorney could advise best, but your question remains open for a week. Your reluctance to handle this through your own insurance is understandable if the other side was at fault. However, sometimes that could be a viable option - depending on the basis of (and legitimacy of) the other... View More

1 Answer | Asked in Collections for Missouri on
Q: I live in missouri, i was served a couple weeks ago by a 3rd party debt collector, I filed an answer and mailed it to

i mailed it to the lawyers and i filed it with the court house, however I missed the court date and a decision was made against me. can i appeal that also there is an arbitration clause on my original debt

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Hire an attorney familiar with motions to set aside default judgments. You’ll need to show “good cause” and a “meritorious defense.” Pro se litigants regularly fail to file compliant motions. Hire an attorney if you can afford one. After the judgment set aside you may move to dismiss... View More

1 Answer | Asked in Traffic Tickets for Missouri on
Q: How do I rectify a traffic ticket that is 2 years old? I missed my court date but no warrant was issued.

In fall 2021, I received a ticket for driving without insurance. I had insurance at the time but only the previous paperwork was in the car. I check for two months after receiving the ticket for my court date but it never showed up on case.net. Several months later, I noticed that there had been a... View More

Andrea Rogers
Andrea Rogers
answered on Sep 2, 2024

You can hire a traffic ticket lawyer to represent you and resolve the old traffic ticket. The attorney can confirm that you don't have a warrant, and they can also get your "No Proof of Insurance" ticket dismissed if you have proof that your vehicle was insured on the date when you... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: If the passenger of a vehicle in a traffic stop refuses to give his name can the officer threaten to take them to jail?

I was stopped for not having any working tail lights on the vehicle I was driving. The officer who pulled me over gathered my info and returned to the vehicle to run the info. During her time away another officer joined the scene and started questioning us. He recognized one of the passengers and... View More

Andrea Rogers
Andrea Rogers
answered on Sep 2, 2024

Yes. A traffic stop is technically an arrest, but most of the time, the police officer releases the driver with just a ticket.

The officer is allowed to ask for basic information such as name & address of each person in the vehicle, and you are expected to respond.

The broken...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

Yes this could be a malpractice case.

First: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Second: the harm must be sufficient to warrant a malpractice case....
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1 Answer | Asked in Car Accidents and Traffic Tickets for Missouri on
Q: Can I still drive if I got a ticket
Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

A Missouri attorney could advise best, but your question remains open for over two weeks. Until you speak with a local attorney, minor traffic tickets do not usually prohibit people from continuing to drive, as long as a suspension or revocation is not involved. Just to be on the safe side, you... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: What can I do when a auto insurance company charges me more money for policy because of not at fault accident on record

The accident was not a moving violation the accident was my car was parked in front of my house and a tow truck back into it the tow trucks insurance paid for the damages so how can I insurance company charge me a higher premium I take my discounts away for being an unsafe driver when there was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Missouri attorney could advise best, but your question remains open for a week.

Reach out to your carrier to discuss. You're correct - based on your description, that type of accident should not reflect upon your record as a safe driver. But some carriers count all accidents. You...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Has the court system exhausted their time to prosecute me for a felony charge when it took place in 2021/2022?

I had my own meds bagged separately but all in one container(didn’t own a pill organizer and just had a miscarriage, plus my mom suggested I do it that way). I’m looking at a distribution charge and this happened in 2021 or 2022. I thought it was handled at the time when I was released from a... View More

James L. Arrasmith
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answered on Jul 21, 2024

To determine if the court has exhausted its time to prosecute you for a felony charge, you need to consider the statute of limitations for the specific charge in your state. Generally, felony charges have longer statutes of limitations, often several years, so it's unlikely that the time has... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

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