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Missouri Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in DUI / DWI, Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
James L. Arrasmith
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answered on May 24, 2024

In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Hello, What would be my next step if police used excessive force to enter my home with out knocking and announcing. ?

The warrent IS NOT a no knock warrent.

James L. Arrasmith
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answered on May 24, 2024

If the police used excessive force to enter your home without knocking and announcing, and the warrant was not a no-knock warrant, you have several steps you can take to address this violation of your rights. First, document everything that happened, including the date, time, and details of the... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: Can an employer sponsor an F1 visa holder currently on OPT with only an associate degree and prior work experience?

Good day, hope I find you well.

I have a question. I am an international student.(F1-Visa) I just graduated with an associate degree in criminal justice. I am currently on OPT. I have business owner who owns a chain of hotels and is willing to sponsor me for a work visa. He needs to know... View More

James L. Arrasmith
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answered on May 22, 2024

Good day, Robson. I hope you are doing well.

To sponsor an F1 visa holder currently on OPT with only an associate degree, your employer can consider sponsoring you for an H-1B visa. However, the H-1B visa typically requires a bachelor's degree or equivalent in a specific field related...
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1 Answer | Asked in Intellectual Property and Libel & Slander for Missouri on
Q: Can I put pictures of my siblings and me in the book I am writing without their permission.

I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.

James L. Arrasmith
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answered on May 19, 2024

The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:

1. Copyright: The person who took the photograph...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: a Missouri real estate agent sold us a property with a new septic system in the contract. There is no new septic system.

A Missouri real estate agent sold us a property and a new septic system was in the contract. They failed to provide a new septic system and the one we have is failing. The agent sent a text with a list of pending repairs that included a new septic system. All of these repairs were to be finished... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 19, 2024

Hire an attorney to review the contract and provide an assessment. The fact that you unwisely waived the walkthrough may present a problem.

Make sure the attorney is familiar not only with real estate law but also Missouri’s consumer protection statute, the Merchandising Practices Act (MPA).

1 Answer | Asked in Employment Law for Missouri on
Q: Can I sue my former employer for defamation?

My former employer wrongly filed a report of child abuse against me and it caused me to lose a different job

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2024

Absent an employment contract with an arbitration provision that prevents such a lawsuit, you can sue for defamation. Defamation cases in Missouri are difficult and expensive. If you are willing and able to pay an attorney by the hour and can prove actual damages--an essential element of a... View More

1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Sean Goodwin
Sean Goodwin
answered on May 8, 2024

Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Alan Harrison
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answered on May 8, 2024

It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.

Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, even without a formal written contract, you may still have a strong case to claim ownership of the cover design based on the emails you exchanged, which serve as evidence of your agreement and the work you provided to the artist. Here are some steps you can take:

1....
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1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: How to legally adopt a stepchild in the state of Missouri??

I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More

Kelisen  Binder
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Kelisen Binder
answered on May 2, 2024

You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

2 Answers | Asked in Bankruptcy for Missouri on
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.

We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 30, 2024

I work in PA, not Mizzou, although my daughter lives in St. Louis.

Both PA and MO authorize "tenancy by the entireties", e.g., a non-severable by one joint ownership, with right of survivorship.

In PA, you should be good if only one of you files for bankruptcy relief...
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2 Answers | Asked in Bankruptcy for Missouri on
Q: Is it true that the chapter 7 trustee can sell my home that is paid off? I am married and only I would file in Missouri.

We live in Missouri. The home is paid in full. I’m being told because we bought the home together 3 months before we were married, that even if my husband doesn’t file the 7 trustee will sell the home we both own. True?

James L. Arrasmith
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answered on May 1, 2024

In a Chapter 7 bankruptcy in Missouri, when you file individually but own property jointly with a non-filing spouse, the impact on your jointly owned property can vary. Since the home was purchased together shortly before marriage, it is considered part of the marital property. However, each case... View More

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Sellers did not disclose any history of floods, drain issues in basement. We closed on the house, 9 days in and flood!

The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More

1 Answer | Asked in Bankruptcy for Missouri on
Q: I got a garnishment because of credit card debt from a card that defaulted 7 years.

I wasn't notified of judgement or a court date. Is there anything that can be done?

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear about your situation. When facing a wage garnishment due to a defaulted credit card debt, you have a few potential options:

1. Verify the garnishment's validity: Ensure that the creditor followed proper legal procedures and that the statute of limitations on the...
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