Missouri Civil Litigation Legal Questions

When you say you hold possession of title, do you mean that you hold title, or do you just mean that you have possession of your late brother's title documents?  If your brother owned the motorcycle at the time of his death, i.e. had not given or sold it, the current owner is whoever the property passed to under his will.  If he left no will, then it is the person (or persons) to whom the proeprty  passes under the intestacy laws of the state where your brother resided.  Normally, in intestacy, siblings come after surviving spouses, childran, and parents. If you are the proper owner of the motorcycle and the other party won't let you have it, you will have to sue in court to obtain it.  If there has not yet been a proceeding to either probate your brother's will, or, if no will, a proceeding to administer his estate, you will likely have to start one.... Read More

You can always sue, but I wouldn't.  It sounds as if the first waiter made a mistake, (it doesn't seem as if he deliberately hurt you) which resulted in no monetary damages and no long term medical issues.  You were upset, but that may not, for various reasons, be compensable, and even if it is, a jury may well think it not worth very much.  Moreover, you weren't really upset when you ate the queso, but only later when you found out the mistake.  If you want to address this, you may be better off complaining to the management and/or the better business bureaur, local chamber of commerce, etc., or describe the incident on Yelp or other social media sites.... Read More

Anyone can sue anyone for anything, but whether you win may depend on whether you knew that they were putting his name on the package when you agreed to pay for it.  If so, it may be (depending on the circumstances, and possibly on who the Court believes, you or your ex) regarded as a gift.... Read More

Your spouse contracted to pay the landlord all amounts due until termination of the lease.  Whatever problems they may be having with you, that doesn't absolve them of their responsibility to the landlord under the contract.  HOWEVER, that doesn't mean that, as between the two of you, a  Judge may not find that you should have the responsibility for paying this marital obligation.  That question is much less black and white and dependent on all the facts and circumstances.... Read More

You are obligated to pay the full amount the judgment, unless you can reach an agreement with the creditor to pay a lesser amount.  If you do not pay the judgment, the creditor can take steps to enforce it, including garnishing a substantial portion of your paycheck and/or levying on and selling your assets.  If you truly can't afford to pay the judgment, you may have to file for bankruptcy.  If you earn a regular wage, you might be elegible to file under chapter 13, which would involve a payment plan, rather than chapter 7, a liquidation.... Read More

Some agreements are required to be in writing, but the one you describe does not appear to be of that type.  Your agreement should be enforceable.  The problem is that without any documentation, it's your word against the friend's, and there is no guarantee that the Court will believe you.... Read More

I assume that these obligations were imposed by the divorce decree?  If so, it may say that the Court which granted the divorce is maintaining jurisdiction over the matter, which would mean that you would have to go to that court, not small claims, with your claims.  Even if that provision is not expressly in the divorce decree, you may be required to go back to the divorce court.  You should speak to the clerk of the divorce court about this.... Read More

Under PA law, if you agreed to be liable and also had the judgment entered against you, then it is a valid debt of yours now. The fact that it is listed on your credit report is also acceptable as it is a valid debt unless the debt is beyond the age of debts able to be listed (this is a specific point under federal credit reporting law).... Read More

Your landlord has the complete power to refuse to conciliate a bedbug complaint. It may have a duty to resolve the problem but you will likely have to sue to enforce that duty. Regarding the claim against HUD, that is not going to happen. You are not going to find an attorney to represent you in a bedbug complaint.... Read More

This does not sound like a promising fact pattern for you. In order to prevail in a tort claim against a government agency, you will face significant obstacles. This is especially so when the agency in question is charged with erring on the side of being more protective of children when the facts are amgibuous. See an attorney about this. You will need to disclose more facts than this for a comprehensive analysis of your situation to be made.... Read More