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LawTalk
LawTalk, Attorney
Category: Personal Injury Law
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Experience:  I have 30 years of legal and litigation experience.
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what is tortious interference in State of Missouri

Resolved Question:

what is tortious interference in State of Missouri
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Stacey,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you referring to tortious interference with prospective business advantage?

Doug

Customer: replied 1 year ago.


I was selling my vacation condo it was on the market. My mortgage company took my lock off my door and exchanged it with their lock box and key which meant my realtor and other realtors could not show the property resulting in the property not being sold. Would you sue my mortgage company for tortious interference??

Expert:  LawTalk replied 1 year ago.

Good afternoon Stacey,

Thank you for the clarification.

Actually to assert a claim for tortious interference you must typically allege the
existence of a contract between the you and a third party (your realtor), the defendant’s knowledge of that contract, and their intentional inducement of the Realtor to take an action that then harmed you---typically breaching a contract the Realtor had with you.

That is not apparently what happened to you. Rather, you are alleging that the defendant came onto your property---trespassing, and took an action which resulted in damages to you (theft of your lock).

Under a set of circumstances such as this, if you were to sue it would typically for Trespass and theft. You would seek damaged relating to the trespass as you have outlined.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

Isn't trespass a criminal action???? What would the civil action be called???

Expert:  LawTalk replied 1 year ago.

Hi Stacey,

Trespass may be both a criminal offense as well as a civil cause of action.

The civil cause of action is known as Malicious Trespass

Missouri Revised Statutes

Chapter 537
Torts and Actions for Damages Malicious trespass--to personalty--double damages--issuance of attachment, when.

537.330. If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to the party injured double the value of the things so damaged or destroyed; and upon an affidavit that said damage or destruction was wantonly or maliciously done, it shall be a good ground for an attachment to issue, as in other cases by attachment.

Here is a link to the law:

http://www.moga.mo.gov/statutes/C537.HTM

 

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27987
Experience: I have 30 years of legal and litigation experience.
LawTalk and 7 other Personal Injury Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Stacey. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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