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Missouri Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Missouri on
Q: i have paid over $700 for a costume, the man has been working on it for nearly five years and i still do not have it

i have asked him when it will be done and he just says that he will finish it when he is ready, i have asked for a refund but he will not do that either, i live in Missouri and the company is in Florida

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 14, 2018

First, you may only have up to the five-year point before the statute of limitations runs and it is too late to file suit.

Second, if your contract was formed in Missouri you could file suit here. Collecting the judgment may be the hard part, especially because the defendant is in...
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1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: Can a dealership sell a used car in Missouri with faulty airbags without disclosing it?

We just purchased a used car in Missouri from a dealership. Within a couple hours after turning the car on, the light that says airbag failure is on. Is this something that the dealership should have disclosed or that they should have known based on the inspection laws in Missouri?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

The challenge you might face is proving that the dealership knew of the problem and made a misrepresentation to you. If you can prove this, you might have a decent claim under Missouri's consumer fraud statute, the Merchandising Practices Act. Contact a local attorney to discuss.

1 Answer | Asked in Consumer Law and Criminal Law for Missouri on
Q: I had my picture taken by a security guard at a health club. The security guard did not ask permission. What can I do?

I noticed a police officer and security guard speaking with the people at the front desk of the health club I was working out in. They were looking in my direction and pointing at me. The police officer left with something in what appeared to be a plastic bag. A man walked up and said something to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

I don't think you have a reasonable expectation of privacy with regards to photos while working out. Why don't you ask the gentleman why he took your photograph?

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Missouri on
Q: I owe $7000 in medical debt. We agreed to a 3 year payment, $208 a month. If I only pay them $10 a month, can they sue?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

Yes. If you breach your agreement they can sue and probably will.

1 Answer | Asked in Consumer Law for Missouri on
Q: My wife was garnished today. What we have found out is that it is from a 2009 judgment for a WAMU credit card. We never

My wife was garnished today. What we have found out is that it is from a 2009 judgment for a WAMU credit card. We never even knew there was a court date to begin with. In 09 we had lived at the same property for 8 years and she was a stay at home home and I had been at my job for 10 years. No... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

Yikes. Bad situation. The first step is to take a look at the affidavit of service to see whom the plaintiff claims was served. If service was invalid, hire an attorney to seek to have it set aside as void.

Here's a guide I wrote on the subject....
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1 Answer | Asked in Consumer Law, Banking and Stockbroker Fraud for Missouri on
Q: Predatory lending?

I was seeking a personal loan to consolidate debt. I contacted personal lending group and a few hours later a group called MJM Lending (located in Florida) called and stated they were a partner of Personal Lending Group. They told me to call Compass Bank and apply for a loan because they did not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

You state that they are trying to charge you for something without investing time. What does your written contract state as to what is due?

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: I received a letter stating that the "Associate Circuit court has entered a judgment against you and that judgement is"

"now final. We would certainly like to cooperate with you. The sooner you contact us, the sooner we can try to help you take care of this debt." I had no notice to come to court- will my wages get garnished or bank account be frozen? I owe $224 and I live in St. Louis.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

In order for a money judgment to have been entered against you the plaintiff must have gotten you served. Go to the court and ask to view the return of service. It could be that a family member of yours over age 15 was served and that service was therefore valid.

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Missouri on
Q: Can I go after a company for copying my product if I only went through the patient pending submission for the year ?

Didn't have the money to go all the way through the patient process. Another company got a hold of our product for the intent to closely reputicate it. What can we do legally or can we start the patient process all over again to try and protect ourselves before they do ?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 26, 2018

If you had a public sale of your product, then your public sale put the product into the public domain and you cannot start over to seek a patent on that product. You could continue with the patent process if you started the process before the first public sale and did not abandon the process or... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Personal Injury for Missouri on
Q: My wife and I have rented a half duplex in Belton, MO for 12 years. The landlord has not maintained the property.

I recently fell from the garage steps that were in disrepair. The handrail to the basement is also loose and dangerous.

I told the landlord about the fall. He stated his insurance does not cover me. What options do I have for requiring the landlord to make repairs and to require him to... Read more »

Kevin Webb
Kevin Webb answered on Nov 27, 2017

It may be that you are in a property that is uninhabitable. It may be that your lease requires the landlord to maintain the property. You need to speak to an attorney concerning the specific facts in your case.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Missouri on
Q: can you sue a company for a representative giving wrong information when it comes to the cost of a bill?

The client was quoted a cost of ~$150 when the bill got changed it was ~$195. The company offered a $25 credit but could not match the cost that there representative quoted initially. Client has this in writing.

Kevin Webb
Kevin Webb answered on Nov 23, 2017

Missouri law provides, in the Merchandising Practices Act, that if someone suffers damage because of deception, that person is entitled to relief. Now, just because the law says you're entitled to it, doesn't mean you get it. That's where a smart attorney comes in. Now, what you're describing... Read more »

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Can I get out of an agreement through Buy Here Pay Here lot?

We recently bought a 2005 Chrysler Town and Country from Carmart August 31st. It has been nothing but problems. They knew our situation as we have a disabled father (in wheelchair) and we needed something reliable that he could get into & would fit his wheelchair. We paid 1500.00 down and 150... Read more »

Kevin Webb
Kevin Webb answered on Nov 23, 2017

You need to speak to an attorney quickly. They can best determine to what relief you may be entitled under the law. You may ask your attorney about Missouri's Lemon Law, Merchandising Practices Act, and other opportunities for relief available to you. But there's no easy yes-or-no answer to your... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Construction Law for Missouri on
Q: Do I have a lawsuit against the electric company?

I was putting a metal roof on our porch today and my ladder slid, when I caught myself my arm touched a service drop that runs to the meter loop, when it done so I was electrocuted causing a small burn on my arm and numbness and tingling in my hand and arm, when I looked at it I noticed it was... Read more »

Kevin Webb
Kevin Webb answered on Nov 23, 2017

While this is a good question, it's important to follow up with an attorney in person. That attorney can discuss with you the importance of negligence, and your likelihood to prevail in a suit.

One thing that is considered when your case is evaluated is the possibility that you might...
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1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: I have products from The Honest Company that have been recalled due to a lawsuit. How do I file a claim?

I have reciepts from products I have purchased from The Honest Company. Due to a recall and a class-action lawsuit against false advertising and mold in wipes, I am entitled to my money back. When talking to a representative they told me I would only get a refund for my last 2 purchases. If I have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

Do you have all the product or did you use it? Contact the attorneys that brought the case.

1 Answer | Asked in Bankruptcy, Consumer Law and Small Claims for Missouri on
Q: Can a collector garnish or sue for debt that is 5 years or older?
David Reese Fondren
David Reese Fondren answered on Apr 17, 2017

For many types of debts and liabilities the statute of limitations is 10 years. Some are even longer. There are some shorter. You need to be more specific. However, Most consumer debts and contracts are 10 years from the date of the last payment.

1 Answer | Asked in DUI / DWI and Consumer Law for Missouri on
Q: Does my boyfriend, in Missouri, need a car in HIS name to get his license back or can I get the SR22 insurance on my car

I have a car in my name but unsure if DMV will allow his license back unless the insurance and everything is in his name

Paul Stanko
Paul Stanko answered on Sep 24, 2016

The SR22 requirement is personal. Your boyfriend will need to contact an insurance agent himself. I see no reason why he must own a car to get insurance.

1 Answer | Asked in Car Accidents and Consumer Law for Missouri on
Q: My 1998 Dodge Dakota, 243,000+ miles, in excellent condition was damaged while parked at a repair shop

The truck was at the shop to have the instrument cluster looked at as it had stopped working. While there and parked on the lot a truck that was parked behind mine caught fire and did significant damage to the rear of mine. Mine was paid for, and in excellent condition, no rust, did not burn oil.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 21, 2016

You would get book value, unless you have a replacement loss policy of your own. Double check with the insurance commissioner.

1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: I bought a car that was gm certified Come to find out was not. The air bags were deployed. Would I have a case

So they sold me the car saying in writing that it wasn't in any accident a bit it had to of beenn in one .

Peter N. Munsing
Peter N. Munsing answered on Jun 25, 2016

You have a technical breach of the specific representations. Problem is can you show what the damage to the car was and how that is diminished? Contact a member of www.naca.net in your area to see what they say.

1 Answer | Asked in Consumer Law for Missouri on
Q: Do I have too put my daughter on my insurance or can I get them their own
Adam Studnicki
Adam Studnicki answered on May 29, 2015

Car insurance. Probably either option, although if she's underage you might have to do it on yours if you choose to do so. A good insurance agent should be able to answer definitively. Be well.

1 Answer | Asked in Consumer Law for Missouri on
Q: How do I locate a case in the court from three years ago?

I had a case in the consumer law area. The court motioned in my favor, and there was the second part which I lost track of the case because my lawyer in the case died. What I am supposed to do,and how can I find my case?.

Kenneth J. Geniuk
Kenneth J. Geniuk answered on Oct 28, 2014

Go to www.courts.mo.gov/casenet and do a litigant name search. Or, go to the courthouse where your case was/is, and the court clerk can usually look up the case based on the names of the litigants.

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