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
Over the years, our courts have struggled with the standards to be applied in cases of this nature. It is no secret--employment claims have become more prevalent in our litigious world. Employment law is ever evolving, and most litigators in this area spend significant time tracking cases and legislation to be sure that the advice they provide is based on the most current law and regulations that apply. Because our state legislature has recently adopted a new law that governs these claims, this article is intended to alert employers of the new paradigm that now controls how retaliation claims in the worker's compensation arena will be analyzed by our courts. The Exclusive Cause Test (Old Law): Employers are prohibited from discharging or discriminating against employees who exercise their rights under the Missouri workers' compensation law. Since at least 1984, the Missouri Supreme Court held that an employee who files a lawsuit claiming he was retaliated against in violation … [Read more...] about Missouri law on worker’s compensation retaliatory discharge claims has been in flux.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”), representing the most significant trade secret reform legislation in several decades. The primary objective of the DTSA is to modernize and strengthen trade secret law in the United States. While the Act became immediately effective upon its passage, its provisions only apply to trade secret misappropriation occurring on or after the date of its enactment. For employers and business owners, the DTSA adds to the protections afforded to valuable trade secrets. However, there are also several provisions of the Act related to whistleblower protections and employee notification requirements that necessitate immediate action on the part of employers to ensure their businesses comply with this new legislation. Strengthening of Trade Secret Protections Trade secrets, as one form of intellectual property, provide great value to the economy and to companies themselves. It is … [Read more...] about Defend Trade Secrets Act Greatly Benefits Employers
For construction contractors and subcontractors alike, a firm handshake is no longer a reliable method of ensuring payment when the project is complete. The best method for ensuring payment is the proper use of a mechanic’s lien, which provide a security interest in the Owner’s property to any contractor or subcontractor that follows the statutory process to prepare, file and enforce a mechanic’s lien. … [Read more...] about How to File a Mechanic’s Lien
There are a number of alternatives to choose from when forming a new business entity. Corporations, partnerships, limited liability companies, and cooperatives come in a variety of different permutations, including limited liability limited partnerships (LLLPs). … [Read more...] about What Is a Limited Liability Limited Partnership (LLLP)?
Profit-sharing plans allow employees to share in the profits of their company, with each employee receiving a percentage of the company's earnings. Although the company decides how much the employees will receive and there are restrictions on withdrawals, most employees are grateful and proud to share in the ownership and achievements of their company. A variety of profit-sharing plans for small businesses exist, and many companies find that the benefits outweigh the drawbacks. … [Read more...] about Profit-Sharing Plans for Small Businesses
If you would like to share important information with someone but you don't want to risk it falling into the wrong hands, consider contacting an attorney so that you can learn how to set up a confidentiality agreement. Establishing a legal contract between two or more parties, confidentiality agreements outline information, knowledge, or material that is intended to be kept secret. Both parties must agree not to share the outlined information with anyone else. If you're interested in developing such a contract, you should contact an attorney. … [Read more...] about How to Set Up a Confidentiality Agreement
A franchise gives franchisors the opportunity to leverage their business format plan using management by franchisers who have a vested effort in the success of the business, and gives business owners (franchisees) the stability of a tested business model along with the freedom to manage day-to-day operations. Keeping up with the legal requirements and business considerations of a franchise can be both intimating and confusing, so if you are considering purchasing a franchise, you need to research the details thoroughly beforehand. You should only work with a reputable franchisor that meets all of the legal requirements for opening a franchise in your area, and be sure that you're ready for the responsibility of managing a business. To help you get started, following are franchise law basics. For more detailed information and personalized advice, you need to consult a franchise law attorney. … [Read more...] about Franchise Law Basics