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Missouri Contracts Questions & Answers
1 Answer | Asked in Business Law and Contracts for Missouri on
Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've signed and 3... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 16, 2020

The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue in small claims court... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

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 »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 14, 2020

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.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

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.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2020

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 »

1 Answer | Asked in Contracts for Missouri on
Q: I had 5 yr contract for games equip when I went to cancel they said u have auto renew of 5 more years. Can I be sued?

Former partner signed 5yr contract. I honered the entire 5yrs. I tried to end contract when 5yrs were up but they say since i didn't give 30 day written notice they are suing me for liquidated damages plus attorney fees, etc. They said there was auto renewal unless written 30 day notice. I didn't... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 24, 2020

That's a lot of money. I suggest you schedule a consultation with an attorney. The attorney can then review the entire contract and give you legal advice. An attorney could also help negotiate with the opposing counsel if that is something you desire.

In general, liquidated damages are...
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1 Answer | Asked in Contracts for Missouri on
Q: Can i tear out a piece of concrete that i poured if the contractor doesnt pay me
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 20, 2020

You can sue the contractor or file a mechanic’s lien. Trespassing and tearing out the concrete is a dangerous strategy.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: Within a promissory note in the state of Missouri, are they able to make it non-disclosure that I cant share with anyone

Non - disclosure meaning I cant share it even with my close family members let alone attorneys?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 13, 2020

I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.

1 Answer | Asked in Contracts for Missouri on
Q: My wife signed an agreement to a backup offer without my consent. Are we able to cancel our backup offer?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2020

You didn't indicate whether this was a real estate contract or something else. Regardless, you ought to have an attorney review the contract and assess the facts in order to give you meaningful advice. You are better off spending a little money for a consultation now than thousands in defending a... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: I am sick from living in horrible conditions in my rented house. Can I get out of my lease? Sue for damages?

I am living in a rented slab home that had sewer work done in the house starting Jan 2nd. I have been living in a trashed home since: cement and sewer mud dust is on everything. Now I am ill. They don't take the cleanup seriously. Cheap help may be coming. I am thinking I might want to sue to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

I am sorry to hear about your terrible living situation.

Yes, you can file a lawsuit. Whether you win will depend upon the claims you plead, the facts, the law, and (most likely) whether the parties hire counsel. I suggest that you meet with and attorney to review the lease and all of the...
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1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

2 Answers | Asked in Contracts for Missouri on
Q: I ran a stop sign into a cop. He gave me a paper saying I ran sign but not into him. He also gave me a court date.

What is going to happen in court?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

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2 Answers | Asked in Contracts for Missouri on
Q: I pay my rent online the website always says my rent is 800. My lease says 850. I am now being charged back rent.

I pay my rent online the website has always said my rent is 800. My lease says 850 which I did not know as I just renewed my lease without reading it. I am now being charged back rent for the extra 50 that I have not been paying. If it has always said 800 on their website is it legal for them to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 21, 2019

It's not a matter of legal v. illegal but rather a matter of what your contract states. It sounds like you've been underpaying rent due to a mutual mistake but that you owe the amount stated in the contract.

You should have read your new lease before signing it. The failure to read a...
Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Can I cancel a window contract in my home within 72 hours of the signature with out penalty, even if the contract says

Contract says must be mailed, I emailed my desire to cancel and phoned without signatures

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 25, 2019

I'm not aware of any cases addressing you specific issue. The statute seems to contemplate either mailed notice or in-person delivery of the notice, because it states, "Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement."... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Missouri on
Q: Someone posseses a general warranty deed but wants nothing to do with it,someone else claims her deseased husbandowned

Deceased husband along with herself signed it over to current general warranty deed person

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

If you want a lawyer to help you do whatever it is you are trying to do, you must restate the question--and add many more facts when you do.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Contracts for Missouri on
Q: We thought we only signed a year lease and they Just informed us it automatically renewed for year

There is one sentence stating the lease will automatically renew after year lease but was never told how we had to avoid that. We assumed that our lease was up in September and we told them we were moving and they said we never told them not to renew the lease. How can we get out of this lease. We... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 27, 2019

Have an attorney read the lease and see if there is a way out. Leases commonly have automatic renewal provisions and they are generally enforceable. You could have given timely written notice that you were not renewing.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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