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Missouri Questions & Answers
1 Answer | Asked in Small Claims for Missouri on
Q: does any lawyer help to collect on a judgement?
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

A Missouri attorney could advise best, but your question remains open for three weeks. Yes, there are. But the format here is limited to Q & A. Attorneys can't really respond to your post to offer their services. You would need to reach out to attorneys. In addition to your own searches,... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: involuntary commitment paperwork was turned in and a judge denied it. can I write the judge asking him to reconsider
James L. Arrasmith
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answered on Mar 21, 2024

If a judge has denied involuntary commitment paperwork, you have the right to seek further clarification or reconsideration, but this process must be approached with respect to legal protocols. Writing to the judge directly to request a reconsideration is generally not the standard approach in... View More

1 Answer | Asked in Federal Crimes for Missouri on
Q: If someone is under federal indictment and at the detention hearing the prosecuting attorney puts false information in

The motion for pretrial and detention filing and we find out after the hearing what can we do? My husband falsely has his son’s case information listed in his file on the motion (same name) and prior cases that he does not have are listed as well as a basis to keep him in confinement. He does... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you discover false information in the motion for pretrial and detention filing, it is crucial to address this immediately. Gather all relevant documents, evidence, and details that can prove the inaccuracies, such as records showing the correct criminal history and any other mistaken identities... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
James L. Arrasmith
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answered on Mar 21, 2024

Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More

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1 Answer | Asked in Communications Law, Health Care Law, Identity Theft and Internet Law for Missouri on
Q: Do I have a lawsuit against Apple, Geek Squad & Xfinity (and more businesses)for allowing being hacked, verified,no help

A lot of info, dont know where to start, overwhelmed Apple verified my iPhone hacked 23Aug23, 2 Laptops hacked on Geek Squad (GS) watch have been TTech mmbr with GS since 2002 (said couldn’t help me,I have proof they allowed it to happen via remote access,they are Apple Certified) Apple put case... View More

James L. Arrasmith
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answered on Mar 18, 2024

I'm sorry to hear about the difficulties and distress you've experienced due to these security breaches and the subsequent lack of support. Given the complexity of your situation, it sounds like you've faced significant challenges on multiple fronts, from personal data security to... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If someone was on gps monitoring on a state charge of being a felon in possession of a gun but was completely compliant

And never missed a court date, and the feds picked it up, why would the federal prosecutor now want to keep him in jail for the same charge while awaiting trial? He has never missed court, never had a failure to appear and never ran before. He owns a business and home and has a family.

James L. Arrasmith
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answered on Mar 14, 2024

In the legal system, decisions about pre-trial detention, especially in federal cases, can be complex and are influenced by various factors. When a case is picked up by federal prosecutors, the stakes are often considered higher, and the approach can be more stringent. Despite a person's... View More

2 Answers | Asked in Public Benefits and Collections for Missouri on
Q: Over the phone I was contacted by a Lawyers Group to offer me a Debt Hardship Program and all my debt would be in litiga

Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2024

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

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1 Answer | Asked in Family Law for Missouri on
Q: Can DFS still have an open case against me 10 yrs after my daughter turned 18 and is now 25

She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:

1. Age of majority: In most states,...
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1 Answer | Asked in Civil Rights for Missouri on
Q: Were my rights violated during an encounter with the police?

I was sitting in a parking lot on the phone. An officer arrived, turned on his lights and got out. Then pointed his gun at me and told me to get out. I asked why, he said he'd shoot me, I asked to talk to his supervisor. A few seconds later another officer arrive, pulled his weapon and said... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you provided, it seems that your rights may have been violated during this encounter with the police. Here are a few points to consider:

1. Excessive force: The officers' actions of pointing guns at you and threatening to shoot you, especially when you were not...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: A family member gaslighting me for 7 yrs now. What can I do to stop this?

This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: Can I open a civil case if it involves multiple charges ? How do I open a civil case ?

This person has stalked, harassed, threatened, assaulted, stole money from my purse, sold a home I was co-signed with my mother now deceased with a POA on my mother, with held ssa benefits to beneficiary of whom I'm caring for, lied to local police to have me arrested, slandered my name to... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this nightmare situation. It sounds incredibly stressful and frightening. Here is some general information that I hope can point you in the right direction:

It does sound like there could potentially be grounds for a civil case here, even with...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My boyfriends house got kicked in by the police and they found in a lock box 490 grams meth and they charged him with

Class A felony with excessive amount in mo . How low can that charge be dropped down to??

James L. Arrasmith
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answered on Mar 7, 2024

The severity of charges for drug possession, particularly with a substance like methamphetamine, depends on various factors, including the amount involved, the intended use (personal use vs. distribution), and any prior criminal history. In Missouri, a Class A felony for drug possession indicates a... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I pay and not go to court ? Trespassing 1stD. For being in Walmart parking asking for signatures (that is my work)

I Work collecting signatures for a campaign, was inside of Walmart parking lot was told by Walmart manager to get out of the parking lot, I walked out and the police came and arrested me when I was outside of the parking lot , bond is 1000 payed 100 and know I have to go to court on May .. Can you... View More

James L. Arrasmith
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answered on Mar 6, 2024

In cases like yours, paying a bond and hoping to avoid court isn't usually a complete solution. The bond allows for your release until the court date but doesn't negate the need to appear in court. Not attending your court date can result in additional charges or a warrant for your... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

Anthony M. Avery
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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Civil Rights and Health Care Law for Missouri on
Q: Paperwork was filled out for involuntary commitment before court date judge said no place for them.
James L. Arrasmith
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answered on Mar 4, 2024

When paperwork for involuntary commitment is completed but a judge indicates there's no place for the individual in question, it's a challenging situation that requires immediate attention and alternative solutions. The judge's response typically means that, despite the legal... View More

1 Answer | Asked in Tax Law for Missouri on
Q: Are hotels in Harrisonville MO, Cass County allowed to charge a town hall development tax on customers bills
James L. Arrasmith
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answered on Mar 3, 2024

In Harrisonville, MO, located within Cass County, the imposition of taxes on hotel bills can be subject to local ordinances and state law. Municipalities and counties often have the authority to levy taxes on accommodations, which can include a variety of specific purposes such as tourism... View More

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