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Missouri Civil Litigation Questions & Answers
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... View 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... View 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... View 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... View 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.... View 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... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Missouri on
Q: When is Sol on a AC Promissory Note with a judgement ?filled date 10/31/208 or the judgement date of 2/11/2009 ?

Empire bank Has gone moved ! Now another took over I have

Seen my file told them i am on ssi disability they said nothing 2 yrs nothing ! So when Sol comes off my credit score ? I have certified copies!

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

A statute of limitation is a time by which a lawsuit must be filed for a specific cause of action. A Missouri judgment is good for 10 years unless revived sooner.

1 Answer | Asked in Civil Litigation for Missouri on
Q: need help with case law

i am going up against a lawyer in court representing myself in a custody issue. i was wondering if anyone could tell me some case law where the parents received equal time week on and week off schedules

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

There are many cases in Missouri in which parents receive equal time. You can do your own research for free on Google Scholar. Here are the results of a query for "parenting plan" and "equal time."... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: I have a question about the timeliness of filing the satisfaction. I paid on Apr10th and the company still has not filed

I have made several calls to the company and on May 10th was assured by a manager that the Satisfaction would be filed the next day electronically. They still have not complied and are holding up the refinance and purchase of another property. What recourse do I have? At this point additional phone... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 18, 2018

Missouri has a statute requiring a party to file the satisfaction immediately. A simple letter from an attorney citing the statute and threatening a motion to satisfy, plus holding the creditor accountable for any damages, ought to get this accomplished for you.

1 Answer | Asked in Civil Litigation for Missouri on
Q: In Missouri, how long does someone have to sue me civilly after a car accident that was my fault?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 11, 2018

Here's the statute of limitations applicable to negligence.

https://law.justia.com/codes/missouri/2005/t35/5160000120.html

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Missouri on
Q: I'm being sued by someone I sold a truck to for not providing engine paper work.... I already offered a full refund

And he declined and still sued me

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

Make sure you show up to defend the case. Confer with a attorney. I don’t know the cause of action over which you are being sued. If it’s the Merchandising Practices Act the court has discretion to award reasonable attorneys’ fees to the prevailing party. Take this seriously.

1 Answer | Asked in Civil Litigation, Family Law and Legal Malpractice for Missouri on
Q: Is a judge allowed to give my personal property,my place of business plus equipment,files,etc that I had 20 yrs before

Am I allowed to have time to get counsel if my lawyer quit, isn't debt supposed to be split, I'm filing for a appeal because I don't think the judge was not only fair but I don't see how his decision is legal

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 6, 2018

I don't understand your question. Give your property to whom? What decision?

You are certainly allowed to retain new counsel, but the judge is not required to put the case on hold to allow time for you to retain new counsel. Most will give a reasonable time period, however. Your...
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1 Answer | Asked in Civil Litigation for Missouri on
Q: I was served a subpoena for attendance at a deposition with 2 days notice.

The notice timing does not meet state law and I communicated to the party I will not attend. Does this invalidate the subpoena and a new subpoena will need to be served?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 5, 2018

If a subpoena is not validly served then it is invalid and a new one may be issued. The safest approach is a motion to quash the subpoena rather than simply ignoring it.

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 3, 2018

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... View More

1 Answer | Asked in Family Law and Civil Litigation for Missouri on
Q: To get me to sign their proposal at court, my ex's lawyer verbally assaulted my counsel & threatened me into signing.

The Guardian Ad Litem & bailiff both witnessed everything & the Guardian Ad Litem stated to me & my attorney immediately afterward he had "never seen that attorney act anything like that before".

My question is how do I file a motion with the court to bring this to the... View More

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

If you want to the court to declare the agreement invalid, you can file a Motion to Set the Judgment Aside, and state that you signed under duress. Talk to your attorney about setting aside the agreement.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I'm in the military, and gone allot, my girlfriend was served for a court case for me about a will, is this proper ?

My grand father passed, had a will made, now his 2nd wife wants me to waive my rights, had me served while I wasn't home, can I be served when not present?

Lydia Seifner
Lydia Seifner
answered on Feb 26, 2018

Yes, you can be served when not present, provided the person who accepted service lives at the home with you. However, if you are gone for the military and your step-grandmother knew that you were unlikely to be home and be unable to adequately respond due to your military duties, then you may be... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: Can I contact a Judge?

I have kinship care of a 3 year old. I have had him for over 2 years. Mom lives on the streets with hardly any contact and dad just released from prison. Dad is now petitioning the courts to gain custody. The child is scared of him and begs not to go with him each visit. Dad was in prison for... View More

Lydia Seifner
Lydia Seifner
answered on Feb 7, 2018

No, you cannot contact the judge directly. If you are named as a party in the petition, and you are unrepresented, then you may speak with the judge in the presence of the father's attorney, but you cannot speak to the judge privately. Also, if you are named as a party you may (and should)... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Missouri on
Q: Im being charged with unlawful possession of drug parphrnlia & possession of marijuana/synthetic caniboid = <10 gram.

What will my sentence be ? Will I do jail time?

Andrea Rogers
Andrea Rogers
answered on Feb 3, 2018

If you were charged with first-time possession of less than 10 grams of marijuana, there is no possibility of jail time and the maximum fine would be $500. The maximum penalty in Missouri for first-time possession of drug paraphernalia is the same: a $500 fine but no jail time.

If you are...
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