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.
Ask any homeowner renovating or constructing a home and you will get unanimous agreement. Nobody wants to pay for labor or materials twice. However, with frequency, this happens in Missouri. Homeowners must beware when signing proposals and/or contracts with anyone providing labor or materials for their home. Consider these guidelines and suggestions in this important area of the law.General Contractors and Subcontractors—What is the Difference?A general contractor is one who has a direct contractual relationship with the owner(s) of the property. Typically, a general contractor will hire subcontractors more proficient in their respective trades to complete various portions of the work. This is true for most builders of residential homes. They hire a framing crew, an electrician, a plumber, a cabinet and trim carpenter and others who perform labor and supply materials for the project while they serve to coordinate the work and communications with the owners. What … [Read more...] about Mechanic’s Liens against Homeowners—Simplified
We all have a tendency to elevate celebrities to a position far above the “common man” to a point where it seems they can do no wrong. But as the supermarket tabloids, late night talk shows, and other media outlets frequently tend to show, celebrities make mistakes just as we do (but on a far bigger stage). These mistakes don’t end at messy domestic disputes, late night altercations, or substance abuse issues. Celebrities have also been known to make costly errors when it comes to planning for the transfer of their massive wealth to the next generation. As the following celebrity estate planning blunders show, no one is immune from the consequences of inadequate planning.Prince: No Estate PlanPrince Rogers Nelson, the singer-songwriter who brought us “Purple Rain”, passed away in April 2016. His death was not only shocking due to his young age (57), but also due to the fact that he had failed to set up any semblance of an estate plan prior to his death (i.e. he died … [Read more...] about Celebrity Estate Planning Bloopers