An attorney would need to review the terms of sale. Relevant considerations would be the contract terms, which state's laws apply, and whether there was a mutual mistake.
The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »
You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.
What actions within five years.
516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those... Read more »
My fathet and i ran a small busineas together where we dealt with many clients sending us (animals they harvested) in return we taxidermied them and sent them back to them.if i told a client their animal was done and ready to ship back, they sent us a check, i in return told them we would ship... Read more »
I don’t know what you mean about the state trying to charge you. It either has or hasn’t charged you. If the latter then you should hire an attorney to defend the lawsuit. It would be the state’s burden to establish culpability on your end.
I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »
This isn’t a small claims question given the amount at issue and the relief that you might be seeking. You very well might have a viable claim for specific performance, i.e., to force the sale. Consult with an attorney to help you assess whether investing in a lawsuit makes sense for you.
I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the... Read more »
If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's... Read more »
I had used Google's "incognito" browsing option for sometime in searching sensitive information online, and have now come to find they have been saving and tracking my queries.
This is a brand new case that was just filed last week.
There is no settlement, no judgement, nothing to claim at this point.
Class action cases take time, often 2-5 years from the time they are filed until they are resolved.
And there is no guarantee that the case will be... Read more »
Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... Read more »
She just bought it 3 or 4 months ago,and still makes house payments.
If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.
March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.
-July 2019 Seller said again would get me documents to obtain insurance. (never happened)
-October 2019 paid in full the sale price.
-Dec 2019 Sellers... Read more »
There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »
There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »
If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.
I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.
A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »
Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?
First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.
There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.
You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that... Read more »
Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).
The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:
1. The act, use or employment by any person of any... Read more »
I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »
If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.
When researching a friends finances, I discovered that a garnishment in April 2018, was the second attempt to collect a debt that had been purchased sometime prior to November 2011, when the first garnishment order was filed for.
When questioning my friend concerning the information that I... Read more »
Missouri judgments are valid for 10 years and may be revived for additional 10-year periods.
A garnishment was issued because a judgment was entered. A money judgment requires service of process. If your friend was not served, then she should hire an attorney familiar with process of... Read more »
The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna... Read more »
Read the guide I wrote on how to set aside a default judgment.
https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html
Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA).... Read more »
I do not practice in Missouri, but your question remains open for four weeks. As a general matter, early payment penalties are usually governed by the provisions of the loan agreement. It's an individual contract between the auto finance company/bank and the car buyer, and different companies... Read more »
I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »
You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.
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 »
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... Read more »
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