Challenging Capacity to Sue

note

Whether a plaintiff is entitled to sue as holder of a note (mortgage) is an issue of capacity. A party’s capacity to sue can only be brought up by a motion by a defendant or in the defendant’s answer.  If you believe that you have been sued by someone who does not have the right to sue you, contact our office at 816-524-4949.

More information can also be found by seeing this case: Missouri Court of Appeals, Eastern District- ED9998

Visit our website at www.Hoorfarlaw.com.

 

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Car Buying Tips

cars

1. In order to make a claim under Missouri Lemon Law, new vehicle owners must report problems or defects in writing to the manufacturer.
2. If a vehicle’s title is not properly transferred to the new owner at the time of purchase, the sale is void.
3. Before buying a used car, have a mechanic inspect it for any problems or defects.
4. Under Missouri law, a seller must get a car inspected before selling it.
5. Before purchasing a car, make sure you search the title. You can check it online at www.carfax.com or www.autocheck.com.
6. There is no Missouri law allowing a buyer to return a used car within a set time and expect any kind of refund. Before you buy a used car, ask if the dealer has a return policy.
7. Contact the Missouri Attorney General’s Office at 1-800-392-8222 to check if a car dealer has had any complaints against it.
8. Look at the car in the daylight so that any damages will be easier to spot.
9. Test drive it.
10. Get a signed copy of any warranty.
11. Pay by credit card if possible. You have a better chance of having your money refunded if you have been misled or defrauded.

Visit our website at www.Hoorfarlaw.com.

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Checking for Odometer Rollbacks

odometer

Missouri requires that a dealer or an individual selling a car reveal the total number of miles registered on the odometer and any alterations done to the odometer.

If you believe a car’s mileage has been adjusted, you can do the following:

  • check with dealers who previously sold the vehicle for copies of any odometer disclosure forms
  • check oil change stickers for the mileage
  • check the mileage at the vehicle’s last inspection. A title search will also disclose this information.

If you believe you have been defrauded by an odometer rollback, you may be able to sue in federal or state court. If this has happened to you, contact our office at 816-524-4949.

Visit our website at www.Hoorfarlaw.com.

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Terminating Child Support Because of Education

books

A child support obligation can terminate if the child enrolls in school either (1) full-time taking at least twelve credit hours, or (2) part-time with a minimum of nine credit hours and the client is enrolled at least fifteen hours per week. There may be exceptions to this rule if the child is diagnosed with an illness. If you believe your child support can be terminated and want to seek how to do so, contact our office at 816-524-4949.

Visit our website at www.Hoorfarlaw.com.

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Child Support Contempt of Court

money jar

Evidence of spending or other transfers of money that resulted in a person unable to pay child support or alimony can be sufficient to support a judgment of contempt. However, going to jail because of that contempt requires that the person had the ability to pay and had the ability to fix the situation that caused the contempt. This means that if you are unemployed and have no ability to pay your child support or alimony, you may be in contempt but not have to go to jail. If you need help with a contempt case, contact our office at 816-524-4949.

Visit our website at www.Hoorfarlaw.com.

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What the Missouri Attorney General Says About New Cars

car

The Missouri Lemon Law also known as the New Vehicle’s Warranty Law protects buyers of new vehicles by enforcing a manufacturer’s warranty. However, this law does not apply to used vehicles.
All new vehicles that are sold or leased under warrenty provisions are covered under the Lemon Law. The types of vehicles that are not covered, even if they are new, are commercial vehicles, off-road vehicles, mopeds, and motorcycles.
Owners of new vehicles must report any problems or defects in writing to the manufacturer and give the manufacturer a reasonable number of attempts to correct the problem. A manufacturer is deemed to have been given a reasonable number of attempts to correct the problem if (1) the vehicle has been in the repair shop for the same problem four or more times, or (2) the vehicle has been out of service because of a problem covered by the warranty for thirty or more working days since the car was delivered.
If the problem is not fixed within the reasonable number of repair attempts, then the manufacturer can offer you a cash refund or another vehicle of comparable value. However, the manufacturer can deduct a reasonable allowance for your use of the old vehicle from the cash refund. If you believe you have a claim under the Missouri Lemon Law, you will want to contact the manufacturer’s consumer appeals and arbitration center. If the problem is not resolved after contacting them, then you may want to seek assistance of an attorney by contacting our office at 816-524-4949.

Visit our website at www.Hoorfarlaw.com.

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Phishing

email

Phishing is a scam typically carried out with the help of unsolicited email or a fake website that poses as a legitimate site to lure in potential victims and prompt them to provide valuable personal and financial information. Armed with this information, a criminal can commit identity theft or financial theft.

For more information check out the Internal Revenue Service Issue 2014-16.
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Misuse of Trusts

taxes accountant

Trusts also commonly show up in abusive tax structures. They are highlighted here because unscrupulous promoters continue to urge taxpayers to transfer large amounts of assets into trusts. These assets include not only cash and investments, but also successful on-going businesses. There are legitimate uses of trusts in tax and estate planning, but the IRS commonly sees highly questionable transactions. Questionable trusts rarely deliver the tax benefits promised and are used primarily as a means of avoiding income tax liability and hiding assets from creditors, including the IRS.

Courtesy of the IRS Issue Number: 2014-16
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Impersonation of Charitable Organizations

charity 3

Following major disasters, it’s common for scam artists to impersonate charities to get money or private information from well-intentioned taxpayers. Scam artists can use a variety of tactics. Some scammers operating bogus charities may contact people by telephone or email to solicit money or financial information. They may even directly contact disaster victims and claim to be working for or on behalf of the IRS to help the victims file casualty loss claims and get tax refunds.

Courtesy of the Internal Revenue Service Issue Number: 2014-16
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Abusive Tax Structures

tax scheme

Abusive tax schemes have evolved from simple structuring of abusive domestic and foreign trust arrangements into sophisticated strategies that take advantage of the financial secrecy laws of some foreign jurisdictions and the availability of credit/debit cards issued from offshore financial institutions.
IRS Criminal Investigation (CI) has developed a nationally coordinated program to combat these abusive tax schemes.

Courtesy of the IRS Issue Number: 2014-16
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