Missouri Recent Legal Answers from Lawyers

The judgment becomes final ten (10) days after it was entered. At that point the Sheriff's Department will come out and physically remove you from the premises. Typically your property will be left at the curb regardless of the weather. The landlord has no liability associated with your property being taken or damaged as a result so you want to be out beforehand.... Read Answer

Unless you are a union employee or a highly paid executive with a written employment contract, you are an at-will employee and, as such, can be discharged at any time and for any reason, or even for no reason at all. The only thing that an employer may not do is make employment decisions based upon you being a member of a protected class. The protected classes are race, age (40+), sex, religion, national origin, or disability. Treating you differently from other employees isn't legally prohibited unless it is based on your being a protected class member. That is what is meant by illegal discrimination. To clarify, an employer can discriminate against its employees as much as it chooses on any basis EXCEPT the six (6) classes I already mentioned. I can legally discriminate against you because you are a Cubs fan, your taste in music, how you perform your job duties, etc. What I cannot do is discriminate against you because of your sex, race, age (40+), religion, national origin, or disability. In other words, showing favoritism isn't going to be a basis for a claim of illegal discrimination. If you believe that you were treated that way based on being a member of a protected class, or that you were retaliated against for asserting a legal right or whistleblowing, then you should schedule an appointment with a local employment attorney who primarily represents employees to discuss your case fully. It is important to act promptly because these cases have very short timeframes that are strictly enforced. Failure to meet those timeframes will preclude you from being able to proceed with your case. Most plaintiff employment attorneys take these cases on a contingent fee basis, meaning you will have no upfront out-of-pocket expenses. Best of luck to you.... Read Answer

If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should respond carefully and through the proper legal channels. If you were served, you’ll need to file an answer with the court before the deadline listed on the summons—otherwise, the court can enter a default judgment against you. If her address is false or you believe the court doesn’t have the correct information about the child’s residence or custody history, you can raise that in your written response and at the first hearing. Missouri courts make custody decisions based on the child’s best interests, so the judge will need accurate information about who has cared for the child, where the child has lived, and each parent’s involvement. Gather any evidence showing that she has not been the primary caregiver or that her claims about the child’s living arrangements are false. If you’re unsure how to file your response or gather the right documents, contact a Missouri family law attorney or your local legal aid office right away. They can help you respond properly, protect your rights, and make sure the court hears your side of the story.... Read Answer

No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or unenforceable. Those are all fairly standard clauses. The only one that is an issue is the attorney fees clause but the courts only enforce it if the landlord prevails. Their inclusion in your lease is not a basis for terminating the lease.... Read Answer

Consult a wrongful death attorney to determine the statute of limitations for filing a claim. Additionally, check with the attorney regarding legal standing under your state's wrongful death laws. In most cases, standing is limited to immediate family members, such as spouses and children, while siblings typically do not qualify to bring a claim.  ... Read Answer

if your wife is a US citizen, she can sponsor her own daughter as an immediate relative if she is under 21. If the daughter is over 21, then she would fall into a preference category and she would be able to get a visa when her priority date becomes current. So she should start that process now. There is no category for a US citizen to sponsor their granddaughter. As far as the sibling is concerned your US citizen wife can file an I 130 but the wait time is going to be about 15 years before a visa is available.    ... Read Answer

No attorney can assess the viability of a case with that limited information. If what you have is a true employment contract, and not merely an offer letter, it may be possible to pursue a case. However, I suspect that you merely accepted an offer of employment rather than a true employment contract. For it to be a valid employment contract it must be for a stated period of time - typically one year. If what you are looking at fails to specify the length of the employment then it is not a true employment contract under Missouri law. If that is the case, you have no case as you are an at-will employee and the employer is free to change the terms of employment at anytime.... Read Answer

 Laws/statutes usually give a party trying to sue another party a certain number of days to have the second party service with the legal papers (in this case the modification of child support).   If the petitioning party finds another address to serve him, the clerk will issue a second summoms for the different address. If she does not have another address to have the second "alias summons" (really meaning a new summons with another address), issued then the Court will dismiss the case, and she will have to refile a new modification petition when she finds a better address for your son to have him served. Hope this helps. Cindy S. Vova, Law Offices  of Cindy S. Vova, P.A. Ft Lauderdale, FL Broward 954-316-3496 Palm Beach: 561-962-2785... Read Answer

If you have been deported, you cannot return to the US unless you have advance permission from USCIS to return or you have served out the period of time required by law for your deportation. That applies for any type of visa, including F-1. If you believe that you have a sympathetic case, you can apply for the F-1 and upon being refused, ask the consular officer to recommend to DHS that you be given a temporary waiver to enter the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The porting form, I-485J, has no requirement that the employer be on E-Verify. The employer must be bona fide and have the wherewithal to take on your employment. Also, the position must be in the same or similar occupation with your sponsoring employer as outlined in the labor certification. Whether you are in the EB-3 unskilled category or any other employment based category, the rules of porting are the same. Kindly note that porting is available where the I-140 has been approved, an I-485 has already been filed, and the I-485 has been pending 180 days. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The vehicle was sold to her - not you - so you have no legal rights associated with the vehicle. You can't get out of the loan and you can't get the vehicle impounded. You can certainly sue your ex for all of the amounts you paid for the vehicle in loan payments. But what are the odds she will be able to pay you anything on the judgment? You can refuse to make anymore payments and the vehicle will be repossessed and auctioned off. There will almost certainly be less recovered than is owed on the note after the repo and auction expenses, which you will be obliged to pay. This will deprive your ex of the vehicle but negatively impact your credit. It may be possible to obtain the right to possession by suing in equity and showing that you have made all of the payments to establish yourself as the equitable owner of the vehicle. Just know that you will then have to take steps to get the vehicle returned which she may not make easy. She may also damage the vehicle before you get it making your victory largely symbolic.... Read Answer

This is one of the many reasons one should never cosign for another person. The lender only agreed to lend money to this person based on your co-signing, so it had another person to hold accountable if and when this person failed to pay on the loan. While I can certainly appreciate your desire to no longer be on the note as a co-signer, there is no way that the lender will release you from that obligation. Put yourself in the lender position - if you had two people that you could hold liable for a debt, one of which was a better credit risk than the other, would you agree to let the better credit risk go?... Read Answer

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I'm not sure what you mean by "the best way to find a lawyer." What I can tell you is that you need to file a Notice of Winding Up on the Missouri Secretary of State (SOS) website. That puts folks on notice that you are closing down the business. Once things are fully shut down, you file Articles of Termination with the SOS website. To ensure you receive the most protection from creditors coming after the business later on, you will want to publish the Notice of Winding Up with two different publications, listing the name and address of where such creditors can make claims. If you do that after the timeframe expires, those creditors cannot pursue a claim. It's not a terribly difficult process, but it does need to be followed correctly to ensure nothing comes back to cause problems later. I recommend contacting a business attorney to ensure that everything is handled correctly. Good luck.... Read Answer

Since your daughter already has media coverage and a documented meeting with the city administrator acknowledging the demolition's impact, she should continue building a strong case. There is a strong possibility that she will be awarded a monetary judgement as well as relocation expenses. However Class Action lawsuits typically takes a long time to reach agreement. It is advisable that you hire an attorney to do a premium consultation that will include from us a complete understanding and analysis of your case. Research all the possible options available to us. Direct her on appropriate steps she should take. This is not a one hour consultation, this is at least 3-4 hours of work but this short investment will be well worth the consultation amount. You do have a strong case but just need a strong foundation to move forward. Time is of the essence in situations like these so the sooner you reach out for a consultation the better prepared you will be in winning and expediting the results. Looking forward to hearing from you. Good luck.... Read Answer

Most states do not require probate if the estate is under a certain amount. I believe in Missouri, that limit is $40,000. If so then you can just complete a small estate affidavit and the bank should release the funds. Call a Missouri attorney to confirm the exact steps you need to take. ... Read Answer