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Missouri Small Claims Questions & Answers
1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... View More

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Small Claims for Missouri on
Q: I was fired from my job without explanation and without witnesses. I received my termination agreement 4 days after

asking for it several times, and which included paragraphs holding the co. harmless re: age discrimination and other things. This was not discussed at the termination nor covered in the Employee Handbook. They are holding my last promised pay until I agree to this. I have email trail. Missouri is... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 14, 2022

Attorneys are not allow to solicit business through their responses on Justia. You'll have to reach out to an attorney directly.

There is a good Missouri statute on unpaid wages but it must be followed strictly in order for the clock to start ticking on the employer. Some attorneys...
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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 Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: If given a choice is it better or more beneficial to sue a individual or their LLC.?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

Depends upon on which one you'd be more likely to collect a judgment. If you have a valid legal basis to sue both, that might be your best option. If you are suing for breach of contract, you should sue the party to the contract.

1 Answer | Asked in Small Claims for Missouri on
Q: Served for old loan debt

My husband got served for old loan debt from 10 years and 4 months ago. Statute of limitations says they can't do this after 10 years, written. What can we do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

File a written answer and raise the SOL as an affirmative defense.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Vehicle has been left at my house over a year, it can I charge storage fee? Loan is over 10 years old, get lein release?

The vehicle has been left at my house over a year, I'm asking bout storage fees, but there is lein for default on the loan. The loan is over 10 years old. What options do I have as far as getting lein released to register the car or atleast get storage fees. But I don't want the debt or... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

If there is a lien on the vehicle, you should first contact the lien holder and see if they would be interested in releasing the lien based on the age and abandonment of the vehicle. If they are unwilling to do so, your best bet is to tell them to come pick up their vehicle. I am unaware of a way... View More

1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Small Claims for Missouri on
Q: My children ages 8 & 5 were let off the school bus purposely at the wrong stop 3-4 blocks away. My daughter has being

Crying afraid of being lost. What legal actions can I take?

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for the trauma experienced by your daughter; I hope she experiences a healthy recovery. At this point, you could reach out to Missouri attorneys to discuss what causes of action exist under Missouri... View More

1 Answer | Asked in Small Claims for Missouri on
Q: What's my best defense against, an AC Breach of contract suit?

I took out a loan prior to Covid hitting in 2019. Hardships hit and forced an emergency relocation by and I forgot completely. Till one day I get served a civil summons for AC Breach of contract. $450.00 and 398.517% interest per annum. Any help appreciated.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 28, 2022

You have not articulated any reason that you do not owe the sum sought. That being said, you are entitled to seek a trial if you wish. Given the sky-high interest rate sought, there is a lot at stake, plus if you signed a contract with that interest rate a judgment may grow at the contractual... View More

1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... View More

1 Answer | Asked in Small Claims for Missouri on
Q: How can I have ex boyfriend pay me money owed from fixing his car? Can I put a lien on his car title?

I paid more than $10,000 in car parts and still haven't been paid back

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 30, 2021

You cannot put a lien on his vehicle. You can sue him. Whether that makes sense, however, depends on many factors.

1. Did you have an agreement with him to repay the money? If so, was the agreement oral or written?

2. If you were to sue him, would you be able to collect the...
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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... View 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.... View 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... View 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... View 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.

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