Lawyers, Answer Questions  & Get Points Log In
Missouri Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Missouri on
Q: Suing a Scammer

I was asking my scammer lives in the us but lives in another state but can u sue a scammer I've been told by a another attorney that it would have to be civil lawsuit. it happened in august of 2018 and they said the statue has likely ran out in the state of Missouri. they said missouri has... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 18, 2022

The statute of limitations would depend upon the cause of action, i.e., type of legal claim. If you wish to sue for fraud and if Missouri law governs, the you've got 5 years under Mo. Rev. Stat. 516.120(1), with the possibility for it to be extended dependin upon when the fraud was discovered.

1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Civil Litigation for Missouri on
Q: In the state of Missouri is it legal for a city worker to come into a privacy fenced backyard, when there are no meters

There are no meters or anything owned by the city in the back yard. And my fence has been damaged.

Trenton D. Garza
Trenton D. Garza
answered on May 25, 2022

Generally, it would not be lawful for a city worker to enter your property without your permission, or to damage your fence. However, there are many circumstances where it is legal for them to enter your property - even against your direction. Having a meter is just one example where a city or... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Can the judge rule against the satisfaction of judgement?

I live in Missouri and before I pay the money I owe State Farm I want to be sure that they (or the judge) cannot either not turn it into the judge or the judge rule against it being satisfactory

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 13, 2022

Any judge can rule against a motion but if you’ve satisfied the judgment and the plaintiff refuses to file a satisfaction then you are entitled to have it satisfied. So long as you can provide that you’ve paid it in full, including post-judgment interest and costs, I see no reason that you... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: Can I sue my lawyer for malpractice for not entering all our evidence when she told me she did? Lost case bc of that.
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Mar 13, 2022

I’m not sure what you mean about your landlord not entering evidence. So long as you are within the statute of limitations you may sue. Whether is makes sense to sue is the better question and will depend on many factors. Those factors include the merits of the potential case, whether you are... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 18, 2022

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: How can we sue a count jail for medical neglect and for violating inmates rights

Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 2, 2022

A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: What does A&S 03 mean?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Dec 20, 2021

I've been in practice for many years and have no idea. Perhaps if you provide some context you'll get a better answer.

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: Can I charge rent for a shed that was left on my property by an old boss?

I quit in April 2021, he said he was going to come get the building. It is now November 2021 and he sold it to someone. Can I send him an invoice for rent since her kept his building on my property?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Dec 1, 2021

You can certainly send an invoice, but unless you had an agreement for the payment of rent you are not going to be able to sue for breach of lease or contract. Research Missouri's abandoned property statute.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: This squatter is in Texas County MO. No lease , no money exchanged. Where do I find the unlawful detainer form to file?

I originally was going to rent to this person, but too many lies made me change my mind. I did let him get the electric in his name while many repairs were made that he had agreed to pay for. He never paid for any. I paid him to put the roof on and owed him $300 more, which I told him I would pay... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

From your description, it appears that this individual was on a month-to-month lease. As such, either of you can terminate the lease at any time upon providing at least thirty (30) days' written notice before the start of the next month. If you provided written notice to this person on... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 30, 2021

I recommend that you have an attorney review the agreement to determine if it is enforceable.

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 22, 2021

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Litigation and Civil Rights for Missouri on
Q: Me and my boyfriend got pulled over for having a tail light out and for some reason the officers scheduled the car

For drugs and there was some Marijuana found but I did not know about any of it now I am being charged with a class D felony and two misdemeanors, what do I do, how can I get these charges dropped?

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

See if you qualify for a public defender and/or speak with a criminal defense attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.