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I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More 
answered on May 18, 2025
Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More
I am an employee in Missouri, and money was deducted from my paycheck for a gas drive-off. There is no written or verbal agreement regarding such deductions. This has happened once before. Is it legal for my employer to deduct this amount from my paycheck?
answered on May 16, 2025
It is legal for an employer to deduct amounts from an employee’s paycheck provided it doesn’t result in the employee’s effective hourly wage (gross pay less deduction divided by hours worked) being below the minimum wage, as that would be a Fair Labor Standards Act (FLSA) violation. I agree... View More
My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More
answered on May 15, 2025
The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More
I was served with a summons to appear in Missouri's St. Louis County Associate Circuit Court on June 30, 2025, for defaulting on an online loan which was sold or transferred. Am I able to contact the plaintiff to make arrangements before going to court?
answered on May 9, 2025
You are free to contact the attorney and to try to work out a settlement. If enough money is at issue and you are concerned about your credit, I suggest you hire an attorney to represent you. If you show up at court on your own, you'll likely enter into a consent judgment, which is a... View More
Last Saturday evening, I was involved in an incident where I might have fallen asleep at the wheel and accidentally hit a young lady who was not in a vehicle on Taylor Ave, near the Central West End in St. Louis. I got out, tried to check on her, but due to an asthma and panic attack, I left the... View More
answered on May 2, 2025
Leaving the scene of the accident is a felony. There is little you can do now except to not talk about it. If you are lucky, you won't get charged. If you get charged (or arrested), do not try to explain anything to the police. Don't say anything at all, ask for a lawyer.
As for... View More
I'm a disabled Veteran with a 90% disability rating and have a Veterans card. Due to my injuries and the heavy rain, I could not mow my lawn. The city sent an informational notice, stating that if I don't mow by the designated date, they will hire someone to do it at my expense. They also... View More
answered on Apr 28, 2025
Let me first thank you for your service. I’m sorry that you have considerable disability.
Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process... View More
I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More
answered on Apr 28, 2025
I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:
First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old.... View More
I work in retail as an hourly employee in Missouri. My employer took away hours from my current pay period to compensate for overtime paid in the previous pay period, notifying me just four hours before making the change. To my knowledge, there is nothing in my employment contract or company policy... View More
answered on Apr 22, 2025
I’m not sure I’m understanding your question. The employer can certainly cut your hours as it sees fit. I don’t understand what you mean by “took away hours from my current pay period to compensate for overtime paid in the previous pay period.” Reducing hours in one week will not avoid... View More
I received a speeding ticket in 2022 in St. Louis County, but haven't received any correspondence or court date since it was issued. I called about six months after it was issued and was told the COVID-19 pandemic caused delays. Last year, I saw on case.net that it had been processed and it... View More
answered on Apr 22, 2025
The statute of limitations is 1 year for speeding tickets in Missouri. The Prosecutor has up to 1 year from the date when the ticket was issued to file the charge. So, if the police officer issued the ticket to you on January 1, 2023, the Prosecutor must file the charge within 1 year of that date.... View More
I am currently a green card holder in the U.S. and obtained my green card through VAWA approximately three years ago. I have no criminal record and haven't started the citizenship application process yet. Given my circumstances, I'd like to know if it's advisable to hire an attorney... View More
answered on Apr 18, 2025
Many applicants successfully file Form N-400 on their own, as the process primarily involves completing paperwork, attending a biometrics appointment, and passing the citizenship interview.
However, an attorney can help ensure accuracy, avoid mistakes, and assist with any requests for... View More
I've discovered that doctors failed to inform me of multiple serious medical diagnoses, including bladder/pelvic cancer in 2008 and right ductal carcinoma in 2013. I was unaware of these diagnoses and did not receive treatment, despite records indicating treatment took place in Iowa.... View More
answered on Apr 11, 2025
A Missouri or Iowa attorney would be in a better position to answer, but your question remains open for four weeks. I'm sorry for your ordeal. I'm afraid that law firms might be reluctant to consider your matter. This is not meant to diminish what you've been through. But your... View More
In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More
answered on Apr 7, 2025
If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.
Mo. Rev. Stat. 516.110. What action shall be commenced within ten... View More
I viewed leaked OnlyFans content on a public forum without interacting or downloading it. The content was shared without the creator’s consent. Can I get into legal trouble for just viewing this content, even though there were no legal warnings on the forum and I haven’t been contacted by any... View More
answered on Apr 6, 2025
No, there is no legal liability on you for viewing leaked OnlyFans content. The only exception would be if the model was underage, but since OnlyFans checks IDs of its performers, this is unlikely. The legal liability that exists here would be on the person who uploaded the content, not on those... View More
I was terminated from my job due to health issues that my employer was aware of, including cognitive decline, mental health distress, and occasional falls. My leave lasted from May 25, 2024, to March 1, 2025, during which I frequently communicated my conditions to my employer by phone and text. A... View More
answered on Apr 4, 2025
If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More
I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More
answered on Apr 3, 2025
Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More
I am facing an eviction even though I have paid the full balance due. A writ for possession of my property was filed on March 31, 2025, but I had already paid the balance owed when judgment was made back on October 4, 2024. I communicated this payment to my landlord via text, along with a photo of... View More
answered on Apr 2, 2025
Without reviewing the docket it wouldn’t be possible for an attorney to provide you with an informed assessment. If the judgment were a default judgment then perhaps a motion to set aside default judgment and quash the writ could be filed. It seems odd that the landlord would have waited many... View More
I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More
answered on Apr 1, 2025
If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More
I have a court date on May 16 regarding a new charge for domestic violence. I want to know if this charge is considered a misdemeanor or a felony.
answered on Apr 1, 2025
It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.
Do not discuss the case with... View More
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More
answered on Mar 29, 2025
If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More
I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More
answered on Mar 26, 2025
You "have a case" if you file one. Whether you'll win will depend on a variety of factors.
In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &... View More
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