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Missouri Gov & Administrative Law Questions & Answers
1 Answer | Asked in Collections and Gov & Administrative Law for Missouri on
Q: How to proceed with 10-year-old payday loan judgment in MO?

I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2025

I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.

The issues for the court to determine are (1) was the motion to revive the judgment FILED...
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1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

1 Answer | Asked in Cannabis & Marijuana Law and Gov & Administrative Law for Missouri on
Q: How long does it take to obtain a personal cultivation card?

What do I have to do to get one

James L. Arrasmith
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answered on Jun 5, 2024

Obtaining a personal cultivation card usually takes a few weeks, but the exact time can vary depending on your location and the specific requirements of your state's program. You should start by researching your state's laws and regulations regarding personal cultivation cards.

To...
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Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri on
Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More

James L. Arrasmith
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answered on Jan 15, 2024

If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns...
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1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: What motion to file to stop a judgment due to Ethical Misconduct? Dose it need a Notice of Hearing?

Went threw a separation i left due to abuse in all natures by him and his family. The County i live in is know for its bias verdicts in all court finsings...The judge was so bias and favorable to my ex due to my family knows urs that i got yaken out the pasture so to say. Im an outsider to them.

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, where you believe a judgment was influenced by ethical misconduct or bias, you might consider filing a motion for a new trial or a motion to set aside the judgment. These motions are typically used to challenge a judgment that may have been affected by unfair practices or errors.... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

James L. Arrasmith
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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Missouri on
Q: Agent forgot franchise disclosure; closing in 2 days. Is signing now legally acceptable in Missouri?

I'm in the process of a real estate closing scheduled in two days, and I've been informed that my agent mistakenly did not have the franchise disclosure signed. The law requires it to be signed 14 days prior to sale. They're suggesting we go ahead and sign now. Is this legally... View More

James L. Arrasmith
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answered on Apr 16, 2025

In Missouri, if you're involved in a real estate transaction that includes a franchise disclosure requirement, that document is typically governed by federal franchise rules or state regulations, especially if the property is part of a franchised business like a chain restaurant or hotel. If... View More

1 Answer | Asked in Gov & Administrative Law for Missouri on
Q: Do inmates in Missouri need to retake anger management on release if completed in prison?

In Missouri, if a state inmate completes a court-ordered anger management course during incarceration, will they be required to take it again upon release if there are no specified post-release conditions?

James L. Arrasmith
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answered on Apr 13, 2025

In Missouri, completing a court-ordered anger management program during incarceration typically fulfills the requirement set by the court. However, if your parole conditions specify that you must participate in anger management programs upon release, you would need to comply with those terms.... View More

1 Answer | Asked in Gov & Administrative Law for Missouri on
Q: Can state prisoners earn credit for anger management and treatment programs?

I want to know if someone currently incarcerated in a state prison can receive good credit time towards their sentence for completing an anger management program, in addition to a possible 6-month reduction for a treatment program as indicated by the parole board. The anger management program was... View More

James L. Arrasmith
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answered on Apr 13, 2025

In many states, inmates can earn good time credit for completing various programs, including anger management and treatment programs. The specific rules vary by state, but typically, programs that are mandated as part of the sentence or required by the parole board may still qualify for good time... View More

1 Answer | Asked in Landlord - Tenant and Gov & Administrative Law for Missouri on
Q: Should I sign a new lease with date changes due to housing rules?

I signed a lease for my apartment with dates set from 12/30/2024 to 12/29/2025. However, the housing authority indicated that the lease end date must be the last day of the month, and now my landlord wants me to sign a new lease with dates from 1/1/2025 to 12/31/2025, but I'm unsure about any... View More

James L. Arrasmith
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answered on Apr 13, 2025

Before signing the new lease, it’s important to carefully review all the terms to make sure nothing has changed aside from the dates. If you feel uncertain, ask someone you trust to help you go over the lease to ensure the landlord hasn’t added any new clauses that could affect you. Since... View More

1 Answer | Asked in Divorce and Gov & Administrative Law for Missouri on
Q: Reverting to maiden name on ID and passport post-divorce.

I need help reverting to my maiden name on my state ID and passport for travel. Currently, my state ID includes both my maiden and married names because we had a joint checking account, but I closed it three months later and now only use my maiden name in all my personal records. When I applied for... View More

James L. Arrasmith
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answered on Apr 13, 2025

To revert to your maiden name on your state ID and passport, you will likely need to provide additional documentation. Since your divorce decree doesn't mention the name change, you may need to file a petition with the court in the county where your divorce was finalized. This petition will... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: How long can someone be held if the originating county isn't retrieving them after being charged?

My boyfriend is being held in Madison County, Illinois, due to an issue related to Lincoln County, Missouri. He was charged and sentenced to five years of probation, which was suspended. He has been held for five days, including two days over the weekend, and we haven't received any... View More

James L. Arrasmith
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answered on Apr 13, 2025

In general, if your boyfriend has been held in Madison County, Illinois, for an issue related to Lincoln County, Missouri, the time he can be held without being transferred depends on several factors, including interstate agreements. Typically, when someone is being held on a charge originating... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: Can my daughter be released to a sober living house from jail in MO on probation violation?

My daughter is in jail in Missouri on a probation violation related to drug charges and has no bond. She has a criminal history, and her court date is set for April 28. She currently has no legal team, and there have been no suggested options for her release or potential conditions. Is it possible... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Missouri, your daughter's release from jail to a sober living house after a probation violation is possible but depends on several factors, including her criminal history, the nature of the violation, and current supervision conditions. Probation officers have the authority to impose... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: How serious is a Class B misdemeanor for trespass in MO, and should I get a lawyer?

I was visiting with a friend at Cosmopolitan Park in Columbia, MO a few months ago when police arrested him for drug possession and searched both of us, but found nothing on me. The officer mentioned I was banned from all city parks, but I didn't fully comprehend it at the time. Recently, at... View More

James L. Arrasmith
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answered on Apr 12, 2025

A Class B misdemeanor for trespassing in Missouri is considered a criminal offense, but it is generally less severe than a felony. It can result in a fine of up to $1,000 and/or up to 6 months in jail. While it may not carry heavy penalties, having a misdemeanor on your record could still have... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Missouri on
Q: Do I need SR-22 after reinstatement fee for 2013 failure to appear in MO?

I turned in my compliance letter and paid the reinstatement fee for a failure to appear in Missouri from 2013. The DMV informed me that my license is revoked, suspended, and on hold. They did not mention any requirement for an SR-22. In this situation, do I still need to obtain an SR-22 for... View More

James L. Arrasmith
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answered on Apr 12, 2025

After paying the reinstatement fee and turning in your compliance letter, it’s a positive step that you’ve addressed the failure to appear issue. However, since your license is still listed as **revoked, suspended, and on hold**, it’s important to check if the reinstatement process is... View More

Q: Can a court rule on a civil rights lawsuit without addressing forma purpuis?

I filed a civil rights lawsuit under the Fair Housing Act against the Springfield Housing Authority after experiencing a sewage flood in my basement while on Section 8. Although the city compensated for my lost items, my Section 8 was terminated allegedly for whistleblowing. None of the defendants... View More

James L. Arrasmith
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answered on Apr 7, 2025

In your case, the court will likely need to address the forma pauperis (FP) motion before moving forward with your lawsuit. Forma pauperis is a legal process that allows individuals who cannot afford court fees to proceed with their case without having to pay those fees. When the court orders you... View More

1 Answer | Asked in Divorce, Civil Rights and Gov & Administrative Law for Missouri on
Q: How can I address issues from my November divorce trial without representation and lack of trial notification in Missouri?

I went through a divorce trial in November without legal representation because I couldn't afford the lawyer I initially secured. Although I requested additional time to hire a lawyer, my requests were denied. Additionally, the date and time of my divorce trial were changed without any... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation with the divorce trial in Missouri raises serious procedural concerns that might warrant legal review. You may have grounds to file a motion to set aside the judgment based on lack of proper notice and potentially inadequate opportunity to secure representation. In Missouri, you... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Missouri on
Q: Dispute over Missouri Statute 182.140 regarding library tax revenue disbursement with city government.

I am having a dispute with the city government regarding the interpretation of Missouri State Statute 182.140. The city argues that they control the disbursement of library tax revenue and have not been providing the funds to the Library Treasurer on a monthly basis as I believe the statute... View More

James L. Arrasmith
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answered on Mar 24, 2025

You're right to want clarity on this—Missouri Statute 182.140 is pretty specific about how library tax funds should be handled. It states that all money collected from the library tax must be deposited in a separate fund and should only be used for library purposes. Importantly, it says the... View More

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