Missouri Q&A by Practice Area

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Missouri Questions & Answers
1 Answer | Asked in Products Liability for Missouri on
Q: I made a purchase online and canceled it, and received a refund. The company shipped it anyway. Do I return?

The order was canceled and I received a refund. It shows a zero balance for the item. Am I obligated to return the item?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Missouri attorney could advise best, but your question remains open for a long time. If you received a refund, then the company is entitled to return of its merchandise. That's a general legal premise nationwide. Good luck

1 Answer | Asked in Car Accidents for Missouri on
Q: Who is liable When a vehicle passes another vehicle to avoid an accident and the other car hits the passing vehicle?

A vehicle pulled out of a bar parking lot on the highway in front of another vehicle traveling 55 mph. After suddenly slamming on the brakes was not efficient enough to completely stop, The driver decided To pass the vehicle to avoid an accident. While successfully crossing the dotted line that... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 8, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. Most attorneys would want to see available evidence before offering an opinion - police reports, video, eyewitness testimony, skid marks, points of impact on vehicles, etc. However, as a general rule applied in... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer change my rate of pay without notification?

Upon receiving my last wage statement, I found my pay had been reduced by $2 p/hr. I was not notified of any rate change. I have talked to my boss and to HR about this and they have told me that because I am not doing a specific task as my job (relief driver) that I am not entitled to the pay -... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 7, 2022

There is a Missouri statute that may apply. It's a pretty weak one, however.

  290.100. Thirty days' notice of reduction of wages, how. — Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to...
Read more »

2 Answers | Asked in Immigration Law for Missouri on
Q: Hi, I cosponsored a family member due to petitioner income not being sufficient 6 years ago.

The beneficiary has been deceased since 2019. I currently would like to petition for my husband, would it be considered that I petitioned before or would the answer to the prior petition be no

Update: just want to clarify. Nothing has been asked of me. I joint/cosponsered a relative with my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

There’s a bit more going on, here. You can be asked for evidence that the jointly sponsored alien is actually deceased. Otherwise, he may deemed as a dependent and you can be viewed as misrepresenting on the form I-864.

It’s also unclear whether any financial responsibility has accrued....
Read more »

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1 Answer | Asked in Traffic Tickets for Missouri on
Q: I received a failure to keep right ticket. I accidentally drove into a ditch. How can I contest this ticket?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

You can show up at court, ask for a trial, and defend the case. A more practical option, if you wish to avoid points against your licenses, is to hire an attorney to contact the prosecutor and seek a "recommendation." That means your attorney would be seeking to have you plea to a... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: is this coercion?

I tried to sell something online and my account got suspended. I asked why it got suspended and I was told this is a common procedure and I need to show proof of identity before i could sell. ok thats fine so thats what i did. i sent my photo ID as i was asked to do along with other personal... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

I don't know what website you were trying to use, but why do you believe that the website is not allowed to set rules for users? You might feel pressured to provide your financial information but you are free not to share that information and not to use the website if you have privacy... Read more »

1 Answer | Asked in Landlord - Tenant and Mergers & Acquisitions for Missouri on
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out.

Because they are selling the house

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 6, 2022

If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney. Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property. There's a specific statute by which a tenant can be forced out if there has been a... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: How can I get my money from my SSA attorney that owes the overage from the SSA amount held back to pay them?

I have an SSDI case that was won and the SSA held out a percentage of the back pay to cover attorney fees. The amount that was held over supersedes the maximum amount they are able to take out. I've been waiting over a year for the overage and the attorney continues to tell me the SSA has not... Read more »

Maria Elena Bermudez
Maria Elena Bermudez answered on Jan 4, 2022

Many times Social Security is waiting for something specific and just hasn't received it. A year is a very long long time for you to be waiting so you'll want to find out directly from SSA what they need.

Your best bet in this situation is to contact Social Security directly....
Read more »

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My sister has full custody of her boys. She passed 2 weeks ago. If she left a will stating where she wants them to go,

can it keep them from being placed with their biological father who is a deadbeat and will not take care of them and only wants them for my sister's social security? We have not yet found a will but still have some things to go through.

Steve D. Hardin
Steve D. Hardin answered on Jan 4, 2022

To get custody of the children you will need to file for a guardianship over the minors. If the father wants the children it would have to be a contested guardianship case. Either way you will need to hire an attorney.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: What lawyers take contingency cases do all of them or who would you suggest?
Steve D. Hardin
Steve D. Hardin answered on Jan 4, 2022

Lawyers can only take contingency fee cases in certain types of cases such as personal injury cases. There are cases were contingency fees are simply not allowed such as family law or criminal defense.

If you wish to know what fee arrangement an attorney will take you will have to...
Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Seller lied on discloser, can I sue for damages?

foundation issues also not revealed. Also our agent failed to alert us other issues that would have been unacceptable. We were coming from out of state ready to move in. We canceled the contract, however we now needed to find temporary housing while looking for other property to buy costing us... Read more »

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

You indicated that you are in Florida, but your post is in the Missouri forum. I will assume that you were going to move from Florida to Missouri and not vice versa.

You should meet with a Missouri attorney experienced in failure-to-disclose litigation concerning real estate contracts....
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: How can we sue a count jail for medical neglect and for violating inmates rights

Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 2, 2022

A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My mom had stocks why isn't it listed on the probate final accounting,?

Their is no documentation for stocks. The estate checking account had a vanguard deposit. It sat for 1 week than removed then we got paid a sizable dirct deposit from vangard.

I don't understand. Why it isn't listed.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 1, 2022

I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed.... Read 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... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: What does A&S 03 mean?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 20, 2021

I've been in practice for many years and have no idea. Perhaps if you provide some context you'll get a better answer.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Are there any qualifying reasons a buyer can back out of an accepted real estate offer without negative consequences?

My daughter, her husband and their three children live in Nevada, and they made an offer on a home In Missouri. The seller accepted the offer and escrow is scheduled to close in mid-January. They got hit with huge medical bill for their son, and they no longer have the down payment. They advised... Read more »

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

The buyers should have a Missouri attorney review the contract right away. There may be unexpired contingencies that would provide a proper basis to terminate the contract. For example, financing and inspection contingencies.

If the buyers breach the contract the sellers can sued for...
Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Military Law for Missouri on
Q: Where do I file a compulsory counterclaim against the administrator who is acting like he is a judge and injured me
Tim Akpinar
Tim Akpinar answered on Dec 13, 2021

This is posted under Admiralty/Maritime, which often involves federal practice. Under the Federal Rules of Civil Procedure, compulsory counterclaims are governed by Rule 13 of FRCP. But it isn't fully clear what the matter involves, due to the spread of categories included. I can't speak... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Antitrust and Environmental for Missouri on
Q: Work comp

If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 13, 2021

I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an "injury" rather than an "inspection." If you were injured at work, contact a workers' compensation attorney to evaluate the situation.

1 Answer | Asked in Health Care Law for Missouri on
Q: I need an external fixation removed from ankle and I refuse pcr test and they refused surgery. Is this legal?

They installed it so I would think they have to remove it

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2021

I’m not aware of any law that would prohibit a health care provider from refusing to do a surgery on someone who refuses a PCR test.

What specific statute do you believe is being violated?

Perhaps you can find another surgeon who isn’t concerned about the risk of COVID-19 transmission?

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