Missouri Recent Legal Answers from Lawyers

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394 legal questions have been posted about by real users in Missouri. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Missouri Recent Legal Answers from Lawyers
Page 13 of lawyers' answers to legal questions about Missouri.

Recent Legal Answers

Wage garnishment put in but no garnishment takens from check?

Answered 9 years and 10 months ago by attorney Neil S. Sader   |   1 Answer
This sounds like it is a clerical error either with the creditor, the court or your HR company. Unfortunately, clerical errors can be corrected and the garnishment will probably soon start to be deducted. You can look into file a Chapter 7 or 13 bankruptcy to eliminate this garnishment and any other debt you are currently dealing with.... Read More
This sounds like it is a clerical error either with the creditor, the court or your HR company. Unfortunately, clerical errors can be corrected and... Read More

co signer for a car

Answered 9 years and 10 months ago by attorney Neil S. Sader   |   1 Answer
The only way to achieve this if the other person does not respond is to file an action in circuit court to declare you have the full title to the vehicle. You would need to file a lawsuit, serve the other party and get a judge to sign off on it.
The only way to achieve this if the other person does not respond is to file an action in circuit court to declare you have the full title to the... Read More
A debt collector cannot issue a warrant as not paying a debt is not a criminal activity. If Advance Cash America does file a lawsuit they would have to prove that a debt exists.
A debt collector cannot issue a warrant as not paying a debt is not a criminal activity. If Advance Cash America does file a lawsuit they would have... Read More
If the original creditor properly transferred the account the collection agency can sue you as they have all the rights to the debt. But if they do file a lawsuit you can request the documentation you are asking about in discovery and they would have to respond. However, there is no avenue to force the collection agency to produce the payment records at this point. If they refuse to produce information it may make it more likely they are just attempting a quick settlement. However, this could be completely erased with the filing of a Chapter 7 or Chapter 13 bankruptcy.... Read More
If the original creditor properly transferred the account the collection agency can sue you as they have all the rights to the debt. But if they do... Read More

Can I file chapter 7 on my payday loans?

Answered 9 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

I violated my probation by not doing my community service due to surgery and working a lot of hours, will I go to jail?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It is possible that the judge could sentence you to jail for violating probation.
It is possible that the judge could sentence you to jail for violating probation.

What happens if I'm 17 and got caught shoplifting more than $100 worth at a grocery?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
At age 17, you are an adult in the court system. The maximum potential penalty in Missouri for misdemeanor (under $500) shoplifting is a fine of $1,000 and 1 year in jail. I suggest that you hire an attorney to represent you if you want to avoid ending up with a conviction for stealing/shoplifting. A conviction for shoplifting will prevent you from getting a job, renting an apartment, getting a loan, etc. Depending on which court your case is in, it probably won't cost more than a few hundred dollars to hire an attorney to represent you for the shoplifting case. An experienced attorney can get the charge dismissed or reduced to a lesser offense, such as "Littering."... Read More
At age 17, you are an adult in the court system. The maximum potential penalty in Missouri for misdemeanor (under $500) shoplifting is a fine of... Read More

Is it expensive to get a warrant lifted?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Attorneys all charge different amounts to lift a warrant, it just depends on which court your case is in.
Attorneys all charge different amounts to lift a warrant, it just depends on which court your case is in.
You can expect nothing. A change of status would not take effect until October 1, 2016 assuming the H-1B petition is approved. You need to speak with your employer to determine the status of your H-1B petition. You should also speak to your DSO about the driver's license issue. 
You can expect nothing. A change of status would not take effect until October 1, 2016 assuming the H-1B petition is approved. You need to speak with... Read More

If I'm a minor caught shoplifting, will it be on my permanent record?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
At age 17, you are an adult in the court system you are not considered a minor for court purposes. So if you plead guilty to shoplifting, you will end up with a conviction for shoplifting on your permanent criminal record. This type of conviction can not be expunged (removed), so I highly recommend that you hire an attorney to get the shoplifting charged dismissed or reduced to a lesser offense, such as "Littering."... Read More
At age 17, you are an adult in the court system you are not considered a minor for court purposes. So if you plead guilty to shoplifting, you will... Read More

How long does the state have to prosecute after I have been arrested and released?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
For a misdemeanor, the Prosecutor has up to 1 year from the date of the incident to file charges against you. The warrant or the "wanted" never expires, so you will need to hire an attorney to represent you for this. Your attorney can probably get the charge reduced to a lesser offense or dismissed so you won't end up with a conviction for assault on your permanent criminal record.... Read More
For a misdemeanor, the Prosecutor has up to 1 year from the date of the incident to file charges against you. The warrant or the "wanted" never ... Read More
Of course you can call and seek to negotiate a settlement, but you can't force the other side to agree to one.
Of course you can call and seek to negotiate a settlement, but you can't force the other side to agree to one.

What happens and what can I do I got caught stealing at a store?

Answered 9 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Hire an attorney to represent you in court. It depends on which court your case is in, but your attorney can probably get the charge dismissed or reduced to a lesser offense if you have no prior convictions for stealing. I would be happy to give you a price quote for legal representation if you want to tell me which court it's being prosecuted in. The name and address of the court will be listed on your ticket.... Read More
Hire an attorney to represent you in court. It depends on which court your case is in, but your attorney can probably get the charge dismissed or... Read More

What are requirements to obtain USA visitor visa for my Filipino friend currently working and living in Hong Kong?

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Your friend will need to apply for a visitor visa. He can start the process by completing Form DS-160 online. Afterwards he will schedule an interview at the consulate. Your friend will need to present evidence to establish he can finance his trip and will depart the United Stares in compliance with his authorized stay. This is usually done by showing ties outside the country. Your friend can read more at http://myattorneyusa.com/travel-visas.... Read More
Your friend will need to apply for a visitor visa. He can start the process by completing Form DS-160 online. Afterwards he will schedule an... Read More

How different do two trademarks need to be?

Answered 10 years ago by attorney Crystal T. Broughan   |   1 Answer   |  Legal Topics: Intellectual Property
The key issue to your question is "likelihood of confusion".  If your product/service is in the same class as the registered trademark then the Trademark Examining Attorney with the USPTO will find there is likelihood of confusion and refuse to register your trademark.  The focus is on whether or not the consumer would be confused as to the origin of the product/service.  You do not want consumers to think that another company is selling your products/services.  You need to distinguish your products/services from others in commerce.   If you insist on using this trademark there is strong likelihood that the owner of the registered trademark will send you a cease and desist letter.  If you refuse to stop using the trademark they may file a trademark infringement law suit against you.   A straight forward answer to your questions is "No."... Read More
The key issue to your question is "likelihood of confusion".  If your product/service is in the same class as the registered trademark then the... Read More

If one family member has durable power of attorney over a parent, can another family member have the parent deemed?

Answered 10 years ago by Richard Keyes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
In Missouri, if a probate court deems an individual incompetent and appoints a guardian and conservator (guardian is control over the individual, conservator is control over the assets) then the probate court sets aside the durable power of attorney. Any member of the family can petition the probate court for the appointment of a guardian and conservator.... Read More
In Missouri, if a probate court deems an individual incompetent and appoints a guardian and conservator (guardian is control over the individual,... Read More

What do I do if I have a failure to appear but I was never given a court date?

Answered 10 years ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You can hire an attorney to lift the warrant for you and represent you for the underlying charge. If you hire an attorney to lift the warrant, you won't have to pay the bond.
You can hire an attorney to lift the warrant for you and represent you for the underlying charge. If you hire an attorney to lift the warrant, you... Read More
You are asked to  report your current  income. People make far less than they could for reasons such as being a student or not working overtime. The mere fact you could make more does not mean you will. Also, people can be  confident of  a raise or a promotion. If the mismatch between actual and potential income ever becomes an issue, I would expect the court to find misrepresentation.         ... Read More
You are asked to  report your current  income. People make far less than they could for reasons such as being a student or not working... Read More
If the mother of the child does not have permanent status in the US, you will not be able to obtain permanent residence or citizenship through your child or even with the second one coming in May. I note that if the President's immigration program, Deferred Action for Parental Accountability, passes in the Supreme Court (ruling is expected in US v. Texas in June 2016), you may be able to obtain a 3 year stay along with employment authorization if, among other factors, your child was born by November 20, 2014.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
If the mother of the child does not have permanent status in the US, you will not be able to obtain permanent residence or citizenship through your... Read More

What will happen if I'm 17 and charged with possession and shoplifting?

Answered 10 years and a month ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If you hire an attorney to represent you, your attorney can probably get both charges reduced to "Littering" or (worst case scenario) dismissed after a period of probation. It just depends on which court your case is being prosecuted in because every court handles these types of cases a little differently and some are more lenient than others.... Read More
If you hire an attorney to represent you, your attorney can probably get both charges reduced to "Littering" or (worst case scenario) dismissed after... Read More

Is it worth my time to sue my family member because my mother's estate was not handled properly?

Answered 10 years and a month ago by Richard Keyes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You are long past any statute of limitations. With your mother passing away in May 2006, you should have quickly seen an attorney at that time and not have waited so long.
You are long past any statute of limitations. With your mother passing away in May 2006, you should have quickly seen an attorney at that time and... Read More

Who decides property value in chapter 13 Bankruptcy?

Answered 10 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
The county auditor's number is an estimate. The appraisal by the realtor will be used as the actual value unless another party also gets an appraisal, then it's a battle which one the judge will accept.
The county auditor's number is an estimate. The appraisal by the realtor will be used as the actual value unless another party also gets an... Read More
I'm not sure I understand.  If there are no terms or conditions, how can there be any "early termination?"  "Early termination" must mean that there was a term for when the agreement was to end. 
I'm not sure I understand.  If there are no terms or conditions, how can there be any "early termination?"  "Early termination" must mean... Read More

Is the charge automatically on your record although you have not been convicted or even had the hearing yet?

Answered 10 years and a month ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If you were arrested, the record of the arrest will immediately start showing up on your criminal background check. Your case is still pending, so no conviction is showing up. The reason you are having a hard time getting a job is that they are seeing on your criminal background check that you were arrested for a felony.... Read More
If you were arrested, the record of the arrest will immediately start showing up on your criminal background check. Your case is still pending, so no... Read More
H.R. 158 amended the Visa Waiver Program. It did not impact green card holders. That being said, you could still face scrutiny at the port of entry especially if you travel to certain areas.
H.R. 158 amended the Visa Waiver Program. It did not impact green card holders. That being said, you could still face scrutiny at the port of entry... Read More