Get free answers to your Civil Litigation legal questions from lawyers in your area.
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
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
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
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.
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
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
i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract
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
Can i motion to vacate or Do i trial de novo
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.
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
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!
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.
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
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
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
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.
answered on May 11, 2018
Here's the statute of limitations applicable to negligence.
https://law.justia.com/codes/missouri/2005/t35/5160000120.html
And he declined and still sued me
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.
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
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... View More
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?
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.
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?
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
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
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.
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?
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
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
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
What will my sentence be ? Will I do jail time?
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... View More
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