Scott Law Firm PC

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Phone: (573) 615-6843

Address: 201 Westwood Ave, Columbia, MO 65203

Website: http://www.scottlawfirm.com

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Scott Law Firm PC

Family Law

Child Support
Spousal Support

Criminal Law

Sex Crimes
A special note regarding sexual offenses: On its face, a policy excluding all applicants who have a conviction for a sexual offense might seem reasonable. However, consider the example of a teenage boy who has voluntary sex with his underage girlfriend and is convicted of statutory rape – it’s highly unlikely that this young man is or will be a sexual predator. There are other so-called sexual offenses that do not reliably indicate that a person is a sexual predator or serial rapist. Therefore, we recommend that sexual offenses be reviewed on the same basis as other convictions.
Theft
Misdemeanors
Embezzlement
Some additional debts may be nondischargeable, but only if the creditor objects to the discharge. These include: debts incurred based on fraudulent acts; debts from willful and malicious acts to another person or another person’s property; and debts from embezzlement, larceny, or a breach of fiduciary responsibility. If a landlord believes that a debt owed by a tenant falls in any of these categories, the landlord should seek the assistance of a bankruptcy attorney who represents creditors to file and argue the objection in the bankruptcy court.
Restraining Order
No advance notice is necessary to file for expedited eviction unless the perpetrator of the illegal activity is someone other than the actual tenant. If the perpetrator is someone other than the tenant, then you must give 5 days written notice to the tenant setting out the provisions of §441.750 RSMo. and specifying the grounds for expedited eviction. You can then file for expedited eviction against the tenant after 5 days unless the tenant delivers written notice to you within the 5-day period that the tenant has either: (1) sought a protective order, restraining order, order to vacate the premises, or other similar relief against the perpetrator, or (2) reported the illegal activity to a law enforcement agency or county prosecuting attorney in an effort to initiate a criminal proceeding against the perpetrator. Form 24 on the Forms page is the appropriate notice in this situation.
Prostitution
You want to file unlawful detainer against a tenant because the tenant has violated one or more conditions of the lease (except possibly non-payment of rent – see Form 18 above), has assigned or transferred his interest in the lease without your written consent, has caused damage to the premises beyond ordinary wear and tear, has allowed the possession, sale or distribution of illegal drugs on the premises, or has permitted the premises to be used for gambling or prostitution, and

Business and Corporate Law

Corporate Law
Income distribution need not be proportional to ownership interests. This is in contrast to partnerships, where tax rules require allocation of profits and losses in proportion to ownership interests, and corporations, where corporate law requires dividends to be paid in proportion to stock ownership (although corporations can pay varying amounts of salary to stockholder-owners).
Business Formation
Limited Liability Companies
The most common leasing entities formed by landlords are corporations and limited liability companies (LLCs). Corporations used to be more common, but now the vast majority of leasing entities are formed as LLCs because LLCs are less expensive to set up and require minimal ongoing maintenance.

Property Law

Real Estate Transactions
Effective June 10, 2023 I will no longer provide legal representation in landlord-tenant matters. However, I will continue practicing law in other areas including estate planning, probate, business formation and maintenance, contracts and real estate transactions.
Landlord-Tenant Disputes
Scott Law Firm strives to make the cost of its landlord-tenant legal services predictable and economical by using a flat-fee system for most services. Our fee schedule effective January 1, 2023 is summarized in the table below. Court costs are summarized in a separate table after the fee schedule. We invoice established clients for fees and costs, usually on a monthly basis. First-time clients may be asked for advance payment.
Property Damage
Probably the most serious claims arise from injury (or even death) and property damage caused by allegedly unsafe conditions. As a general proposition, if the landlord is liable to repair or maintain leased premises under any legal theory, the landlord will be liable for personal injuries, death and property damage resulting from failure to maintain the premises in a reasonably safe and habitable condition. To understand a landlord’s liability for repair and maintenance, review our blawg post Landlord’s Repair and Maintenance Liability.

Health Law

Personal Injury
WARNING: As a general proposition, if the landlord is liable to repair or maintain under any theory, the landlord will be liable for personal injuries resulting from failure to maintain the premises in a reasonably safe condition.

Trusts and Estates

Estate Planning
Probate

Finance Law

Bankruptcy
However, bankruptcy law allows a residential landlord to enforce a judgment for possession against a bankrupt tenant if that judgment was obtained before the bankruptcy was filed. In addition, the automatic stay will not stop an eviction action against tenants who have engaged in illegal drug use on the property or who have endangered the premises somehow.
Foreclosure
There is a special requirement to be aware of if you have purchased (or acquired through foreclosure or tax sale) rental property subject to pre-existing leases. In such a situation, you become the new landlord under the existing lease, but you must give written notice to the tenants that you own the property before you will be entitled to sue for rent and possession. This notice does not need to be given, however, until and unless you need to sue for rent-and-possession. Form 14 on the Forms page is the appropriate notice for this purpose. Be aware that a copy of your deed to the property must be attached to the notice.
Debt Collection
Landlords should note that the notice forms provided on the Forms page have been set up to be signed by the landlord rather than an attorney. The reason for this has to do with how the federal courts are interpreting the Fair Debt Collection Practices Act. The courts have decided that the act applies to attorneys representing landlords in landlord-tenant cases. When attorneys at law give notices on behalf of clients, they are required to also give certain warnings required by the FDCPA and must allow the recipient at least 30 days to respond. The required statutory warnings dilute the effect of notices.

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