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Missouri Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: What can I do when a auto insurance company charges me more money for policy because of not at fault accident on record

The accident was not a moving violation the accident was my car was parked in front of my house and a tow truck back into it the tow trucks insurance paid for the damages so how can I insurance company charge me a higher premium I take my discounts away for being an unsafe driver when there was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Missouri attorney could advise best, but your question remains open for a week.

Reach out to your carrier to discuss. You're correct - based on your description, that type of accident should not reflect upon your record as a safe driver. But some carriers count all accidents. You...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Has the court system exhausted their time to prosecute me for a felony charge when it took place in 2021/2022?

I had my own meds bagged separately but all in one container(didn’t own a pill organizer and just had a miscarriage, plus my mom suggested I do it that way). I’m looking at a distribution charge and this happened in 2021 or 2022. I thought it was handled at the time when I was released from a... View More

James L. Arrasmith
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answered on Jul 21, 2024

To determine if the court has exhausted its time to prosecute you for a felony charge, you need to consider the statute of limitations for the specific charge in your state. Generally, felony charges have longer statutes of limitations, often several years, so it's unlikely that the time has... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I would like to add a name to a deed. How can this be done with a POA

Property belongs to an elder person and they would like to add a name.

Anthony M. Avery
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answered on Jul 18, 2024

Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.

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1 Answer | Asked in Health Care Law for Missouri on
Q: I was given a vaccine that I did not consent to. Do I have any recourse?

They provided VIS papers to me AFTER the shot. That’s when I found out they gave me something I did not consent to. Federal law requires VIS be given BEFORE a vaccine is administered. When I repeated myself and told the woman I had asked her if it was a tetanus only shot, NOT Tdap. She confirmed... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

You can report the pharmacist who gave you the vaccine to the Missouri Board of Pharmacy.

If you sustain any damages as a result of receiving the vaccine, you can bring a health care liability claim against the pharmacist and the pharmacy that employs her although that it very unlikely....
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1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
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answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Significant loan made to contractor to purchase land and build homes 4 homes. Money spent, homes not completed.

Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More

Anthony M. Avery
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answered on Jun 18, 2024

If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More

1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More

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 Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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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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1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Tax Law for Missouri on
Q: Property tax Accessor

If the property tax accessor fails to do a physical inspection and your taxes increase by over 15% does this mean you win the appeal to the state?

Missouri Statutes 138.060, 137.115

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answered on May 29, 2024

If the property tax assessor fails to conduct a physical inspection and your taxes increase by over 15%, this alone does not guarantee you will win your appeal to the state. According to Missouri Statutes 138.060 and 137.115, the success of your appeal will depend on the evidence you present and... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you for having a caregiver ? Have Dr letter .caregiver doesn't live there but is there alot

Have letter from Dr stating resident requires 24 HR CARE. Caregiver doesn't live there. But is there everyday. Landlord makes comments everyday and has gave three violations for unauthorized occupants

James L. Arrasmith
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answered on May 28, 2024

You cannot be evicted for having a caregiver if you have a doctor's letter stating that you require 24-hour care. The caregiver being present frequently, but not living there, should not be considered a violation of your lease. Your landlord's comments and violations for unauthorized... View More

1 Answer | Asked in Constitutional Law for Missouri on
Q: In regard to Missouri Constitution Article III - Legislative Department Section 39(f)

I am trying to determine if a 501(c) 3 is allowed to sell raffle tickets, for a prize less than $2000, in another state. The organization is in Missouri. Thank you.

James L. Arrasmith
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answered on May 24, 2024

The Missouri Constitution Article III, Section 39(f) allows 501(c)(3) organizations to conduct raffles, provided they follow state regulations. However, selling raffle tickets in another state involves additional considerations and compliance with that state's laws. Each state has its own... View More

1 Answer | Asked in Constitutional Law for Missouri on
Q: if a person has their liberty & is supposedly a free person their allowed contraband since they are free

because freedom is the allowance of being able to do almost anything correct liberty does exists it is very much real & is not abstract you might not be able to see or touch it but you can feel it its kind of like air where you can feel it but not see or touch it its not imagined & my 2nd... View More

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answered on May 24, 2024

Having liberty means you are free to make choices about your actions and words, but it doesn’t mean you can possess contraband. In a society governed by laws, certain restrictions are in place to ensure safety and order. While freedom is about making choices, it is also about respecting the laws... View More

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