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Missouri Small Claims Questions & Answers
1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I have a really problem here it's my first time renting a apartment. And my question is about paying my rent

I paid my landlord $200 for deposit and 525$ for the rent But the date was june 29,2020 and the landlord called and says I need to pay my rent for July ..but my question is what about the 525$ What is for ? Is it only for the 2 days of june ? I need some answer please

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 2, 2020

You'll need to read your lease. Generally, rent for the month is due on the first of the month and if someone moves in mid-month the tenant owes pro-rated rent for the first month.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

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

This isn’t a small claims question given the amount at issue and the relief that you might be seeking. You very well might have a viable claim for specific performance, i.e., to force the sale. Consult with an attorney to help you assess whether investing in a lawsuit makes sense for you.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Missouri on
Q: Large wheel sized rockinstore lot went unnoticedand scratched and dented my car was told by store people must've moved'e

There are two lines of rocks in this alley behind store one extends more than length of store but opposite the building, the other is about three or four of them against the back wall of the store. Now usually these rocks have remained in position; ive never seen them moved. This time drove into... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

A Missouri attorney could advise best, but your post remains open for a week. There wasn't a question, but I think you might be wondering if you can bring a claim. Based on the description, it sounds like it would be difficult. When you say "pumps," that suggests gas pumps, which... Read more »

1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2020

A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: If an insurance company decides against your claim against their client, how to pursue?

Last August I went to a city meeting. The parking lot was a mucky mess due to reconstruction. Leaving the meeting I walked across a grassy strip next to the parking lot to avoid the muck, stepped into an unmarked trench that lined a newly-installed parking curb, tripped and fell. The trench was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

A Missouri attorney could advise in the best possible manner, but your question remains open for two weeks. If there is no further medical treatment and no meaningful findings of injury in any follow-up examination, and these bills are the extent of damages, small claims could be an option. If... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Civil Rights, Education Law and Small Claims for Missouri on
Q: can I sue my private highschool for not protecting me against racial aggression, bullying, and hate?

I was bullied and terrorized horribly my senior year of high school for being African American, received threats, and more. My private high school did absolutely nothing on my behalf, or anything to protect me. Do I have the right to sue them? I have since then developed chronic depression and... Read more »

Gary Kollin
Gary Kollin answered on Sep 26, 2019

If we wrote no, would you abandon this?

If you wrote yes, then you would need to contact a local lawyer.

So since you will not abandon it, then contact a local lawyer for a consultation

1 Answer | Asked in Small Claims for Missouri on
Q: I was recently fired from my job because of my medical issues. Should I take legal action against them?

I had a seizure at work, and I had to take a day off for recovery. I don't have solid answers what is wrong with me and when he asked, I told him I didn't know yet. All I know is that I have seizures, and I told him that when I was hired. After my seizure, I only took one day off so I... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 12, 2019

You posted this in Small Claims; that's probably why it wasn't picked up in four weeks. Small claims is essentially about small disputes, often limited in scope in most jurisdictions. Try reposting in Employment Law and hopefully someone who could give you more meaningful input might have... Read more »

1 Answer | Asked in Contracts and Small Claims for Missouri on
Q: I need to postpone my wedding. I asked the weeding venue and they said yes. When asked about forwarding the payments

already paid, they stated none of my money will go towards my new wedding date. The contract only states just the deposit is nonrefundable. I have decided that I will no longer move forward with this venue for that reason. Are they legally allowed to keep all of the money I have invested beyond the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 7, 2019

You should have an attorney read the contract and provide you sound advice. You might be obligated to pay the full sum you agreed to pay.

1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I was released from an apartment lease after 2 months. Can I sue for deposit and 2 months rent? I was told all repairs

Would be made before moving in. No repairs were made and I was told they weren't going to be made because of cost. After 2 months I was released from lease. Made all rental payments on time. Can I take to small claims court? Do I sue apartment management or owners?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 23, 2019

You could sue your landlord in small claims court for up to twice the amount wrongfully withheld, so long as the total is less than $5000.

If you can prove that a misrepresentation was made about the security deposit, it might be worth consulting with an attorney who has experience with...
Read more »

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.

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