Springfield, MO — Carnahan, Evans, Cantwell & Brown, P.C. (“CECB”) is pleased to announce that Douglas R. Nickell has joined the firm’s Estate Planning practice group.Doug concentrates his practice in the areas of estate planning and estate and trust administration.Doug most recently practiced with Lathrop Gage, LLP and has more than 38 years of experience.CECB is a locally owned law firm formed in 1979. The firm currently has 17 attorneys. … [Read more...] about Attorney Douglas R. Nickell Joins Carnahan, Evans, Cantwell & Brown, P.C.
April 2018 … [Read more...] about 2018
Under Missouri law, a judgment is considered “active” (collectible) for ten years. This includes a monetary judgment as well as any real property liens resulting from that judgment. Whether the judgment can impose a lien depends upon where it was entered:A judgment from a Circuit Court in Missouri automatically imposes a lien upon the judgment debtor’s real property located within the county in which the judgment was entered. 517.151, RSMo. A judgment from an Associate Circuit Court in Missouri imposes a lien upon real property within the county in which the judgment was entered if transcribed to the Circuit Court in that county. 517.141, RSMo. A judgment from a federal court or other state court may become a lien on real property if transcribed in the Circuit Court where the real property is located. 511.440, RSMo. A judgment obtained in a small claims court may not become a lien on real property. 517.151, RSMo.Section 516.350.1, RSMo, provides that a judgment is … [Read more...] about Reviving Judgments in Missouri – Judgment Creditors Need to Pay Close Attention to the 10-year Statute
Far too often, especially in the context of residential rentals, tenants fail to pay rent and/or move out. When this happens every landlord is faced with the question of what to do. In addressing this question, it is essential to know your options as a landlord, and, maybe more importantly, the consequences of each potential option.One of the standard options is to have an attorney file a lawsuit, but even that choice has options within it; file an action for unlawful detainer or an action for rent and possession. The basic features of an unlawful detainer action are: (1) the action only applies if the lease has been terminated; (2) the tenant may request a jury trial; (3) no counterclaims are permitted; and (4) the landlord is entitled to double damages for the period of unlawful detainer. The basic features of a rent and possession action are: (1) the action only applies if the tenant fails to pay rent; (2) the tenant may request a jury trial; (3) the tenant is entitled to … [Read more...] about What is the best way to remove non-paying tenants? A recent decision of the Missouri Supreme Court may change the answer.