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Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for Missouri on
Q: If I sign a contract for a show dog, how much right does the seller have over the dog after the sale?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 4, 2019

Unless the contract states otherwise, most likely none.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I am being sued by a credit card company. I work out of state and will not be available for the for the court appearance

Can my lawyer appear for me in the state of Missouri?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 26, 2019

Yes, a lawyer may appear for you at the initial call docket hearing so long as the lawyer is admitted to practice law in Missouri. My answer is based on the assumption that the case is not set to be tried on the next court date. If it is, and if you plan to testify, it would be wise to be there.... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on
Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: Is a copied contract admissible as evidence in the MO business records statute? Under what statute is it?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 11, 2019

The business records statute allows for copies.

Here's a link to the statute. https://law.justia.com/codes/missouri/2005/t33/4900000692.html

I hope it proves useful.

1 Answer | Asked in Civil Litigation, Criminal Law, Animal / Dog Law and Civil Rights for Missouri on
Q: Can an officer give you a ticket 2 weeks after the fact when he didn't address the issue the day of?

2 weeks ago my aunt called me and told me that the cop was at her house saying my dog and some other dog were wondering town and apparently bit another dog. I told my aunt there is no way it was my dog. I then asked to talk to the officer and he told me that someone needed to come get my dog... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 5, 2019

Yes.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Missouri on
Q: Owners of Lodging Establishments Selling 5 Bedrooms to Consumers 7-20 years without mandatory State License RSMO Chap315

Resubmit Q rewritten: What legal regress / Protections are afforded Consumers when a Judge holds a Biased Court, refuses to let the Jury See Evidence /Hear Evidences of Willful, Wanton/Malicious Fraud, Misrepresentation of Consumers, Breach Of Contract by Owners of State Unlicensed Lodging... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

FYI: The "Judiciary" does not "prosecute" anyone. The judiciary adjudicates legal disputes arising between people and brought in various civil courts--and in some situations the judiciary also hears and decides criminal cases brought by state and federal prosecutors against people accused of... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Missouri on
Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Missouri on
Q: I worked for a Missouri company. I quit due to disagreements, the owner still has my information on her site.

I now live in Oklahoma. The business in is Missouri, where I lived when I worked there. I have asked for my information to be removed so I will stop getting daily calls and emails for her company. She refuses. It has been since Dec. 2018.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 17, 2019

You didn't ask a question. If you want to know what you can do, my first answer would be to request the removal of your information. But you've already done that. Hire an attorney to write a letter demanding removal.

1 Answer | Asked in Business Formation, Car Accidents, Civil Litigation and Libel & Slander for Missouri on
Q: My car was stolen march 29th took on a high speed chase and they crashed my car I was contacted buy highway patrol I ask

The officer I was on my way cop told steves towing I was on my way get the car officer said the tow truck driver rushed get my car on the truck to where I had pay 600 for them to drop it and they was told don't load my car up my insurance doesn't use steves towing now steve that owns the tow truck... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

Tell the local cops what highway patrol said or ask highway patrol to straighten him out. Towing is a racket and they are allowed to charge huge amounts for nothing.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on
Q: What if a trustee refuses to keep a beneficiary informed of trust activity after said information is requested?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Unless the written trust document requires the trustee to "keep a beneficiary informed of trust activity" there is little you can do. As a beneficiary, you might want to know--and keep in mind--that every time you cause the trustee to respond or do any other work related to the trust they charge... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

Lydia Seifner
Lydia Seifner answered on Mar 20, 2019

If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

i moved out of my moms 6 moths ago and she has threatened me to either come home or she will send me to a mental hospital until im 21, even tho i am mentally stable.

Lydia Seifner
Lydia Seifner answered on Jan 31, 2019

You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I... Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Social Security for Missouri on
Q: Does You Guys Law Firm Take LawSuits AgainSt The SoCial SerVices In The State Of Missouri In JasPer CounTy MissOuri
Tim Akpinar
Tim Akpinar answered on Jan 7, 2019

This is more of a question-answer board. Try reposting your question with some additional details and hopefully an attorney could pick it up to provide some direction after seeing the basis of a suit you're contemplating.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Civil Rights, Real Estate Law and Landlord - Tenant for Missouri on
Q: If my public housing doesn't follow HUD federal posting procedures for eviction does that nullify the action?

I live in a public housing authority with subsidized income based units in a high rise. The housing authority has attempted to evict me by posting a notice, but it lacks telling me what I did (no detail enough to mount a sufficient defense), and they failed to send it with certified mail. Does the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2018

Please identify the regulation.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: Is this legal???

My friend is in Jefferson county jail. After being arrested he made me power of attorney for the purpose of moving his belongings out of his mother's house because she stated she was gonna evict him. I've tried twice with law enforcement to get his belongings and both times she has denied me and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2018

Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.

1 Answer | Asked in Civil Litigation for Missouri on
Q: My under age son was allowed to drink alcohol (no charge) at his place of employment (has a liquor license) several

weeks ago after completing his shift. He drove home and had an accident involving two parked vehicles. He left the scene thinking he hit a tree or a curb. He subsequently was ticketed for DUI and leaving the scene which, he has an attorney for. Do you I have a case against his former Missouri... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 29, 2018

You "have a case" if you are willing to pay an attorney thousands of dollars to file and litigate the suit for your son or if you can convince an attorney to invest his or her time in the matter on a contingency basis. Contact a couple of attorneys and see if you find a taker under the second... Read more »

1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on
Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 8, 2018

You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You...
Read more »

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Small Claims for Missouri on
Q: I missed my court date. Im getting sued small claims

Can i motion to vacate or Do i trial de novo

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 4, 2018

Just seek a trial de novo.

1 Answer | Asked in Civil Litigation for Missouri on
Q: If a person makes false statements against someone in court documents what can be done by the accused
Lydia Seifner
Lydia Seifner answered on Aug 30, 2018

If you can prove the statements are false, you can have the witness impeached, and possibly have the other party's pleadings thrown out.

1 Answer | Asked in Civil Litigation for Missouri on
Q: If I have not been served, how long can a company who bought my credit card debit continue the case?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2018

The case can be continued for as long as the judge allows it. For associate circuit cases, the judge will generally allow several alias summonses. Once you get served, if you lose, all of the costs of service for the failed attempts will be added to the judgment. It's not always in a defendant's... Read more »

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