Legal Question in Civil Litigation in Missouri

Small Claims in Excess of Max.-Collection of Judgment

Buyer of our home took illegal possession prior to closing and refused to return our household personal property and clothing after closing. She took us to small claims court for $3K before we had a chance to file our claim in a higher court. Judge ruled against Pltf and determined we had sufficient evidence of counterclaim and moved our claim ($60K+) to Associate Circuit Ct where a trial de novo was heard last wk. We are now awaiting judges decision. Since case originated in small claims and moved to Associate Circuit, which Collection of Judgment rules apply regarding appeals, garnishment, lein, etc., Small Claims or Associate Circuit? All of our belongings were either stolen, claimed by buyer as hers or disposed of what she didn't want. BTW, prior to trial de novo, judge ruled against Pltf and in our favor. (Also see second question relating to this sale regarding Sales Contract Fraud.) Thanks!


Asked on 11/19/06, 10:53 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Small Claims in Excess of Max.-Collection of Judgment

Your fact pattern is too complex to allow me to provide you with a usable answer. Your question has enough issues to make a good bar exam question. This is a serious matter, and you need to take this matter to an attorney and get a good legal opinion after all the facts are fleshed out.

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Answered on 11/27/06, 11:24 am


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