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Missouri Small Claims Questions & Answers
2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: If an insurance company decides against your claim against their client, how to pursue?

Last August I went to a city meeting. The parking lot was a mucky mess due to reconstruction. Leaving the meeting I walked across a grassy strip next to the parking lot to avoid the muck, stepped into an unmarked trench that lined a newly-installed parking curb, tripped and fell. The trench was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

A Missouri attorney could advise in the best possible manner, but your question remains open for two weeks. If there is no further medical treatment and no meaningful findings of injury in any follow-up examination, and these bills are the extent of damages, small claims could be an option. If... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Civil Rights, Education Law and Small Claims for Missouri on
Q: can I sue my private highschool for not protecting me against racial aggression, bullying, and hate?

I was bullied and terrorized horribly my senior year of high school for being African American, received threats, and more. My private high school did absolutely nothing on my behalf, or anything to protect me. Do I have the right to sue them? I have since then developed chronic depression and... Read more »

Gary Kollin
Gary Kollin answered on Sep 26, 2019

If we wrote no, would you abandon this?

If you wrote yes, then you would need to contact a local lawyer.

So since you will not abandon it, then contact a local lawyer for a consultation

1 Answer | Asked in Small Claims for Missouri on
Q: I was recently fired from my job because of my medical issues. Should I take legal action against them?

I had a seizure at work, and I had to take a day off for recovery. I don't have solid answers what is wrong with me and when he asked, I told him I didn't know yet. All I know is that I have seizures, and I told him that when I was hired. After my seizure, I only took one day off so I could... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 12, 2019

You posted this in Small Claims; that's probably why it wasn't picked up in four weeks. Small claims is essentially about small disputes, often limited in scope in most jurisdictions. Try reposting in Employment Law and hopefully someone who could give you more meaningful input might have a better... Read more »

1 Answer | Asked in Contracts and Small Claims for Missouri on
Q: I need to postpone my wedding. I asked the weeding venue and they said yes. When asked about forwarding the payments

already paid, they stated none of my money will go towards my new wedding date. The contract only states just the deposit is nonrefundable. I have decided that I will no longer move forward with this venue for that reason. Are they legally allowed to keep all of the money I have invested beyond the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 7, 2019

You should have an attorney read the contract and provide you sound advice. You might be obligated to pay the full sum you agreed to pay.

1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I was released from an apartment lease after 2 months. Can I sue for deposit and 2 months rent? I was told all repairs

Would be made before moving in. No repairs were made and I was told they weren't going to be made because of cost. After 2 months I was released from lease. Made all rental payments on time. Can I take to small claims court? Do I sue apartment management or owners?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 23, 2019

You could sue your landlord in small claims court for up to twice the amount wrongfully withheld, so long as the total is less than $5000.

If you can prove that a misrepresentation was made about the security deposit, it might be worth consulting with an attorney who has experience with...
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2 Answers | Asked in Small Claims for Missouri on
Q: In missouri what is the difference between an eviction and an unlawful detainer

My friend is in jail and he gave me p.o.a for the purpose of moving his things out of his moms house..I've tried 2 times with police and she has denied and cops say there's nothing they can do its civil and she hasn't filed for evictuon..meanwhile she is selling his personal belongings..on the 4... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 9, 2018

Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when... Read more »

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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: Is this legal???

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 me and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg 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.

1 Answer | Asked in Small Claims for Missouri on
Q: Can someone sue me or take me to court because they bought an item from me and they broke it?

My husband sold a ps4 to a guy on Facebook today. The ps5 was working fine when we left the house and we have proof. About 2 hours after we meet up with the guy he messaged my husband saying that the ps4 won’t turn on and he wants his money back. My husband assured him that it was working when we... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 29, 2018

Anyone can sue anyone for anything. I doubt that your husband will get sued over this but if he does he should show up at court and defend the case.

1 Answer | Asked in Collections and Small Claims for Missouri on
Q: Need help on how to collect on my small claims judgment.

A month ago I had taken my ex roommate to court. I won my case in small claim court. I have tried to contact the defendant to arrange payments, but he refuses to pay/contact me back. I have been told that I can set up garnishments for where ever he might work. The problem is I can not find out... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2018

Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a... Read more »

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Small Claims for Missouri on
Q: I missed my court date. Im getting sued small claims

Can i motion to vacate or Do i trial de novo

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 4, 2018

Just seek a trial de novo.

1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: Continuation of inspection

My husband and I are first home buyers and the first house we finally put an offer in on a house. We gave earnest money and didn't ask for closing cost as recommended by our agent because the seller supposedly had a another offer just come in as well. Fast forward we freak out about the cost of... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2018

You should have an attorney review the contract. Without seeing the contract, I have no idea whether you complied with the termination requirements.

1 Answer | Asked in Contracts, Lemon Law and Small Claims for Missouri on
Q: Is it legal for a dealership to sell a car that can't pass inspection without telling me it cant

I bought a car it doesn't have any wires to hook up a licence plate light so I can't get it to pass inspection they won't fix it and won't take it back either said I should have checked it myself before perchase but gave me a passed inspection paper saying it was good to pass inspection but can't... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 8, 2018

They can sue you if you don’t pay and you can sue them. Anyone can sue anyone. The better questions concern this risks and costs of litigation. I suggest you meet with a local attorney, preferably with consumer law experience. Ask about the Merchandising Practices Act.

1 Answer | Asked in Small Claims for Missouri on
Q: Trial de Novo dismissed.

Plaintiff filed trial de Novo. 10 months later dismissed case. Now I cannot file trial de Novo because it is long after original judgement. Dismissed four days ago. Is it possible to file within 10 days after dismissal?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 1, 2018

You aren't entitled to a trial de novo from the dismissal of a trial de novo.

1 Answer | Asked in Collections, Federal Crimes and Small Claims for Missouri on
Q: I sold a motorcycle on Craigslist for 2200.00 and was paid in fake money. What can I do? I'm in kansas.

I'm in Kansas the buyer was from Missouri and transaction was done in Missouri if that makes a difference.

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

Your challenges are the following: 1. Identifying and locating the buyer. 2. Getting a judgment against the buyer. 3. Collecting the judgment.

Without knowing more facts, it is tough to decide what options make sense for you. It's probably only worth suing if the the judgment is...
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1 Answer | Asked in Contracts and Small Claims for Missouri on
Q: I was n a verbal agreement with my mothe7hr f remodel n update her home which we both lived in she was to pay for half

half material and half the the labor she moved out and lied the entire year n repaid nothing can I make her pay me back for all the work n supplies owed?

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

Some contracts are required to be in writing, such as a contract to purchase real estate. The contract you describe is an oral one and that is okay; however, you would need to prove the terms. In addition, suing a relative is not something that anyone enjoys, so I encourage you to try to work out... Read more »

1 Answer | Asked in Identity Theft, Small Claims and Social Security for Missouri on
Q: What can I do if my mother and law used my wife's social security # to open a credit account without permission?

She went over the balance by $100 for a total of $3100 and has stopped paying on it and it showed upon my wife's credit report.

David Humphreys
David Humphreys answered on Oct 11, 2017

you need to dispute the false credit reporting directly with the credit reporting agencies and the credit card company.

You can go to our law firm website and click on the link Credit Reporting Errors for detailed and specific instructions on what the letter that your wife will need to...
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1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: My son bought a house. he had a home inspection and there were no problems disclosed. After moving in he discovered ma

jor plumbing problems and the gas has been turned off because of gas leaks. I think the owner should pay for these major problems. Do we have any legal rights?

Vincent Gallo
Vincent Gallo answered on Oct 3, 2017

You retained an inspector to guard against issues such as these and he or she seemingly did not perform the job that he or she was hired to do. So consider litigation if the inspector fails to make good on his or her mistakes.

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.

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