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1 Answer | Asked in Collections and Landlord - Tenant for Missouri on
Q: I am being charged for the smell of smoke in my old apt, I do not smoke, nor was anyone in my apt that smoked what

(Con’t)...are my options in fighting this as I dont want it to go to collections

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 28, 2020

Your options include

1. Paying your landlord or not opposing deduction of the money from your security deposit

2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting

3. Filing suit to seek the refund of your security...
Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: If someone uses power of attorney how long is it good for and can that person change estate planning on person that it c
Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

A power of attorney is good until revoked. However, may financial institutions have policies that place time limits on them. For the agent designated in the power of attorney to be able to amend estate planning documents of the principal, the power of attorney needs to VERY SPECIFICALLY grant... Read more »

1 Answer | Asked in Military Law for Missouri on
Q: Is it illegal for a man to claim to be deployed when he was not? He is in the army but lied about being deployed.
Sabra M. Janko
Sabra M. Janko answered on Apr 28, 2020

It depends on who he made the statement to and under what circumstances. A false statement between friends in not enforceable. However, a false official statement made to obtain a benefit is different.

1 Answer | Asked in Health Care Law for Missouri on
Q: Have bedbug infestation landlord won't do nothing

Landlord has known about this and didn't notify no one or do nothing but evict when ask about it

Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

You could repost your question under the Landlord-Tenant section. There's no guarantee that all questions are answered, but your question remains open for a month and would have better chances of being seen by an attorney who could offer input there. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Wrongful Death for Missouri on
Q: What is the standard of care for nurses taking and recording accurate vitals, specifically oxygen levels?

My grandma had known copd and was just recently diagnosed with lung cancer. We were looking at a few years left with her. At her doctor appointment on monday the nurse took her vitals but spent an unusually long amount if time trying to change her oxygen level reading. Before she stood in front of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

Contact a member of the Mo. Assn for Justice/Mo. Trial Lawyers assn that handles medical negligence cases. The problem is that a person that is bringing a case has to show that but for the mistake the person who died would have lived. That is sometimes very difficult, especially if the person has... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: How many dogs are you allowed to have in missouri. We are outside of town.
Kristen Thurmond
Kristen Thurmond answered on Apr 24, 2020

This is going to vary by city or county. As far as I know, there is no limit on the number of dogs you can own under state law. This is usually covered by local laws. However, you run the risk of being considered a breeding facility if you own enough dogs that are intact and having litters. That... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: i'm 14 and neither of my parents have sole custody of me, so can i live with either parent?

p.s. there is no court doc. saying who has full custody

Kristen Thurmond
Kristen Thurmond answered on Apr 24, 2020

The most simplistic answer is that without a court order your father may not have legal rights to make decisions for you. This could cause problems at doctors' offices, schools, etc. The good news is that, yes, you do get a say in where you want to live. How much your voice is heard on the matter... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: Do I need to copyright an autobiography?
Barbara Berschler
Barbara Berschler answered on Apr 22, 2020

Once you "fix" a work, meaning making it perceivable by others, the rights of copyright immediately attach. So that part is covered. But in order to ease enforcement of those rights, it is wise to register the copyright with the Copyright Office. The Copyright Office's website... Read more »

1 Answer | Asked in Estate Planning, Collections, Identity Theft and Internet Law for Missouri on
Q: Is it legal for a lawyer to ask for a SSN online through an email address?

My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 21, 2020

Two things.

1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment...
Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: I’m a small construction business owner in St. Louis MO. I just signed a commercial contract w/ a school in G.C. IL.

The school requested the usual docs. Such as to be a policy holder on my Ins., Minimum $1m policy etc. but they also asked for copies of my workers drug & background checks. My workers are independent sub-contractors. I’ve never needed to drug test them & I do my own background checks on them... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 20, 2020

Your contract controls as to the requisite background checks. If you don’t understand the contractual requirements, and it sounds like you don’t, you should have an attorney review the document.

3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
Read more »

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1 Answer | Asked in Child Custody for Missouri on
Q: Can my 16 yr old refuse paternal visitation due to his contentious relationship with his dad? We share joint custody.

We have share joint custody for 15 years following our divorce, but my son is upset over unhealthy relationships and conditions in the home. He recently opened up to me and expressed a lot of frustration. He actually had a break down from not being able to handle the situation any longer. He... Read more »

Jennifer L. Rench
Jennifer L. Rench answered on Apr 18, 2020

I understand this can be a difficult situation to navigate. Sometimes divorced parents can feel stuck between following a court order and supporting their child's wishes. This might be an excellent opportunity to use those co-parenting skills and have a conversation with your x-spouse. This isn't... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: Terminating my lease early.

The house had a broken window From the start no one fixed. Gave another notice still nothing. Now that I'm terminating lease early shouldnt that be deducted from what I will owe considering the broken window not only put my safety at risk from people that could have broken in easier but also I'm... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 17, 2020

Unless you and your landlord are in agreement as to an early termination, then you've got bigger problems than the handling of the $200.

These might be useful for you.

https://www.ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf...
Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What documents are required when selling a vehicle. Do I just sign over the title or do I also need a bill of sale?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 17, 2020

You should probably have both. Just signing over the title does not guarantee that the buyer will register the transfer with the motor vehicle department. If he then gets into an accident it could get messy. The bill of sale will show the date of transfer and can also be used to remove the vehicle... Read more »

1 Answer | Asked in Civil Litigation for Missouri on
Q: Ameron suing over utility pole damage
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 16, 2020

What's your legal question? If you are being sued, you should defend the case. If enough money is at issue, hire an attorney.

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 Business Law and Federal Crimes for Missouri on
Q: Are there any cases about weights and measures in the U.S?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2020

Your question is very vague. You can do a free search of cases on Google Scholar for those words.

https://scholar.google.com/

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can new owner/landlord force me to have a pre move out inspection 30 days before the actual move out inspection?

House was sold under my existing lease which ends May 24, 2020. New owners are insisting on doing a pre move out Inspection next week and another move out inspection 30 days later. I have underlying health issues and I am trying to keep myself away from others as much as possible due to Covid 19.... Read more »

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

Has the sale of the house already been completed? Because if it is still pending the buyers may be having the house inspected by a professional inspector as part of the purchase transaction. If that is the case, ask to talk with the professional inspector to make arrangements to maintain safety... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I close in 2 days but I don't have the requested copy of my divorce decree for the title company I'm in Mo. what now?

They asked for the decree 3 days before scheduled closing

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

If the title company requires it and you don’t have it, then you probably cannot close. An attorney in Missouri could likely log on to Casenet and download the document and email it to you, assuming the case didn’t predate the conversion to electronic docketing of cases.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Lease only signed by tenant, not approved or signed by landlord. Is this a legal contract since not signed by both?

I signed a lease online for the time of August 2020 to move in. This particular landlord had told me my lease was not approved and signed by them and that I needed to sign another paper and give my proof of income. I called a couple weeks later due to the hardship of this COVID19 and told them we... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 9, 2020

If the Landlord told you that it was not yet approved that there was something else you had to do in order to get it approved, then your "offer" to lease was not "accepted" yet. You can withdraw your offer at any time prior to "acceptance".

The burden of proof will be on them to prove...
Read more »

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