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Missouri Small Claims Questions & Answers
3 Answers | Asked in Bankruptcy, Collections and Small Claims for Missouri on
Q: Can a small claims garnishment put a levy on all bank account of a head of household with three small children

Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.

Timothy Denison
Timothy Denison answered on Aug 21, 2021

Yes.

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1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: sue a hotel my vehicle was stolen. No security,lights outside not good,was not told very high crime and no signs

I have pictures of building. And cameras.dark are where my truck was stolen. I can prove negligence.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

If you can prove negligence then you’ve answered your own question. I’m not sure what kind of response you are seeking.

Part of proving negligence is proving a legal duty owed to you from the hotel.

1 Answer | Asked in Small Claims for Missouri on
Q: How do I get a delinquent account off of my credit?

We purchased a home in April of 2020. Our lease with Lake Broadway townhomes in Columbia MO was not set to expire until the end of July 2020. We moved out with 3 months notice to our leasing office and returned the keys at the beginning of May. They sent us to collections for our rent for June... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 9, 2021

Unless your real estate agent is an attorney, you shouldn't take legal advice from him. In fact, if he is giving you legal advice he's arguably engaging in the "unlawful practice of law" or "doing law business," each of which can be a misdemeanor under Missouri law.... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: Is there a form I can fill out to make a motion and order to revive a judgment? I was told I could represent myself

It is a small claims court judgment that will be 10 yrs old in April. We finally were able to garnish his wages recently but the total won't be paid before the 10 yrs is up in April. If so, where do I print/copy them off so I do this right. Thank you!

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 18, 2021

I've got good news for you. If you garnished part of the judgment and the payment shows up on the court record then the payment automatically revives the judgment for another 10 years. If there is no payment on the record then you'd need to figure out how to file a motion for revival of... Read more »

1 Answer | Asked in Small Claims for Missouri on
Q: How do I proceed with this issue...I believe it’s fraudulent and just want my money back.

I have a possible issue with possible fraud. I basically gave an online entity money in exchange for helping me to build my real estate business. They promise in 10 weeks they will get you at least 1 new client with their program and of course they did not deliver. I paid them a bunch of money up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 14, 2020

Consult with an attorney with litigation and contract experience. Collectibility of a judgment should be of concern to you. For example, you might not be able to registered a small claims judgment in another state's court.

1 Answer | Asked in Adoption, Animal / Dog Law, Personal Injury and Small Claims for Missouri on
Q: A dog was hit by a random person infront of my home didn’t have chip or collar so took to vet told them we were adopting

Paid 1,000 dollars owner came forward doesn’t have proof of ownership get gave dog to owner but I can’t get my money back or the dog that I said I was adopting and didn’t ask for proof of ownership what do I do

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

I don't believe that you have a cognizable claim to file. Missouri recognizes the "doctrine of necessaries" as to a married couple, i.e., if the medical services patient received were necessary and patient maintained no separate assets, one spouse would be liable for the reasonable... Read more »

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...
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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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