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Missouri Questions & Answers
1 Answer | Asked in Child Support and Education Law for Missouri on
Q: Son is in college. How do we "formally" request his transcripts to verify he is taking the hours he is required to take?

We want to be sure he is meeting the required hours and grades for us to continue to pay support to his mother. I read that we needed to "formally" request transcripts and enrollment to verify these things, however there was no description of what a "formal request" is. In accordance with Missouri... Read more »

Pete David Louden
Pete David Louden answered on Feb 3, 2020

Your question was posted in the Oklahoma Section. You should post your question in the Missouri forum so you can get answers from attorneys licensed in that state.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: I am sick from living in horrible conditions in my rented house. Can I get out of my lease? Sue for damages?

I am living in a rented slab home that had sewer work done in the house starting Jan 2nd. I have been living in a trashed home since: cement and sewer mud dust is on everything. Now I am ill. They don't take the cleanup seriously. Cheap help may be coming. I am thinking I might want to sue to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

I am sorry to hear about your terrible living situation.

Yes, you can file a lawsuit. Whether you win will depend upon the claims you plead, the facts, the law, and (most likely) whether the parties hire counsel. I suggest that you meet with and attorney to review the lease and all of the...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Ive been paying for a home and land, and part of it isnt the sellers to give away. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

You should meet with a local attorney to review the documents, go over all relevant facts, and provide you with sound legal advice.

1 Answer | Asked in Probate for Missouri on
Q: Do I need an attorney to file affidavit of heirship??

It's been 1 yr 13 days since my hubby passed unexpectedly, there's real estate, & 2 vehichles. Myself & his 2 bio daughters. Plz help

Nina Whitehurst
Nina Whitehurst answered on Jan 31, 2020

There is no law that says that you must utilize the services of an attorney to prepare and file an affidavit of heirship. However, if you do not know how to do this yourself, an attorney can be extremely helpful in preparing and filing the documents for you. More importantly, however, an attorney... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I evict someone from a property they are renting from me, in MO

I have already sent them a notice to quit by registered mail and they are refusing to pick it up. They are about 90 days past due. I need to just file in the court but I'm not 100percent sure what to file

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 30, 2020

To make things go more smoothly, hire a local landlord tenant attorney. If you don't want to spend the money on an attorney then you file a rent-and-possession or unlawful detainer action, with the facts determining the most appropriate cause of action. Missouri courts have some forms that... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 29, 2020

She should discuss all of the facts with an attorney but in general an employer cannot refuse to pay an employee simply because the employer is not satisfied with the quality of the work.

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2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: You Home Purchase Rights during final walkthrough

You

Hello, I’m closing on my home Thursday, Jan 30th. During the final walkthrough yesterday we noticed the water was turned off within the home so I was unable to check faucets, etc. The seller suggests that he doesn’t need to turn on the water so I’m verifying if that’s accurate.

Vincent Gallo
Vincent Gallo answered on Jan 29, 2020

If the water service isn't turned on, how can you possibly assure yourself that everything requiring water service is properly working?

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Missouri on
Q: I want the title of ownership transferred to me but i don't have a driver license or a permanent resident status

Hi?! I have applied for asylum or withholding of removal like a week ago. there is an already registered car that my uncle want to give me.

will i be able to put my names on the car even though I don't have a licence? i should be getting the application receipt(for asylum) in like 2... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Check with your state's DMV. Ask if they need a Social Security Number, and any other requirements. If you go in person to the DMV, wait until you have your I-589 asylum application receipt notice. (Scan the original and email it to yourself so you have it in the cloud, make a copy and bring the... Read more »

1 Answer | Asked in Employment Law and Tax Law for Missouri on
Q: Never received wages that my W-2 says I earned. Is this something I take to a legal department or the company itself?

I never received a paycheck from a place I worked for only one day and I assumed it was because I was still training. I just received a W-2 from them saying I did earn wages but I never received them despite setting up direct deposit. Who would I contact about this, some legal department or the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 26, 2020

A business’s legal department is the business itself. I suggest contacting the HR or payroll person at the business.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: i have two evictions but i also have 18,000 dollars will a landlord allow to rent if i can pay my rent in advance
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2020

Many landlords will accept payment in full up front in your situation. It will depend on the landlord. Be up front with them and you’ll have a better chance.

2 Answers | Asked in Bankruptcy for Missouri on
Q: I filed bankruptcy and now the court trustee sent papers that he is selling my house. What are the procedures?

How long do they have to sell it? How much do I get, I read 15,000 is that correct? After selling how loing to I have before I have to move out?

Timothy Denison
Timothy Denison answered on Jan 24, 2020

They have as long as it takes to sell it. Your exemption amount varies depending on whether you used your state exemptions or the federal exemptions.

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

1 Answer | Asked in Estate Planning for Missouri on
Q: I was financial POA for brother. I believe it terminates upon his death. However, I need it to pay medical

The last line of termination states upon my death this power of attorney shall terminate upon actual knowledge or receipt of written notice therefore by the agent.explain please

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 20, 2020

You are correct that the financial POA terminated on the death of your brother. If you do not have any joint accounts to pay the bills with you should notify the billing companies that he is deceased and you have no way to pay his bills. If his assets are substantial enough you can probate his... Read more »

1 Answer | Asked in Education Law for Missouri on
Q: Can a teacher tie grades to a fundraising assignment in a public school?

My son was not successful in raising the assigned $150 for his Missouri public school newspaper. Upon receiving his report card, he noticed this was a heavily weighted part of his grade (1 point for every dollar raised). So much so that his grade dropped an entire GPA. I enquired with a few... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

You raise a valid point. But the school would probably argue that it was not taking money, but basing performance on raising funds for a project. The other parents may have seen the dilemma and decided it would be easier to simply pay the money and be done with it. The problem is that it would cost... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: In Missouri, can an immigant and a U. S. Citizen apply for a marriage license. If so, what are the requirements?
Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

Yes some states require a valid picture ID like an unexpired passport with photo id. For the immigrant spouse.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants, infants... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 10, 2020

You should do some internet research to locate an attorney near you who does free consultations. You should be able to find out your options with a short meeting.

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