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Missouri Small Claims Questions & Answers
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... 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... 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... 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... 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...
Read more »

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...
Read more »

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.

1 Answer | Asked in Small Claims for Missouri on
Q: can i sue my friend for damages to my truck he made monthly payments on for 8 months?

I was helping a friend, let him take over payments on my new truck. We had a handshake agreement, no written contract, but it was understood he would give the truck back in the same condition it was given to him if we took it back or he gave it back. He paid on it for a little under a year and... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 23, 2015

Not without having the repairs done first and then suing him, in my opinion.

1 Answer | Asked in Small Claims for Missouri on
Q: Can I sue my stepdaughter's father in small claims court.

The original child support only had medical. My wife requested the state of Missouri to modify the original order (May 2013) and add financial support. That process took over 2 years and the state did not back-date it through the whole time. The child is 11 and has received 1 payment of $400 her... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 22, 2015

You would seek to enforce the child support judgment in behalf of the mother. This doesn't require a new lawsuit, small claims or otherwise. And small claims is not the appropriate procedure to collect child support in any case.

What needs to happen is that the mother needs to levy...
Read more »

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