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How to get my moms monies back. Missouri. None. I can't get…

How to get my...

How to get my moms monies back.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Missouri

Lawyer's Assistant: What steps have you taken so far?

None. I can't get a lawyer without paying first. My moms invested people know about the failure to repay loans and told me to get an attorney. He owes lost, plus house that was moms.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm in Florida. But still need help.

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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 4 months ago
Documents were removed from bank. Her man from ***** ***** can printout everything. Plus he knew the monies were loans.
Answered in 3 hours by:
3/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,358
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Satisfied Customers: 13,358
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Customer reply replied 3 months ago
I need to get the monies back for distribution. I promised mom on her death need. Her account manger said he needed a lawyer to secure her accounts and his testimony. The legal system wants monies upfront I don't have. It's needs to be informed also. He claimed monies as gifts. No taxes paid.
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Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract occurs when someone fails to fulfill their obligation in an agreement. It doesn't have to be very long, but something that explains what your legal authority is to bring the case. Afterward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouses require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial.

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The basic discovery process is a good tool for people involved in a lawsuit to find out information the other party has. Discovery usually can’t begin until about 10-14 days after filing the initial complaint, depending on your jurisdiction. Through the discovery process you can usually a) request documents to help your case; b) conduct a deposition (which is a formal interview of certain parties); c) request admissions to certain things so there is less time wasted at a potential trial. For example, you can verify that a person was driving a certain car or is a resident of a certain state by asking, “Please admit you live at*****”; d) and there’s also what are called interrogatories. These are basically questions that you ask the other side like “Were you drinking alcohol the night of the accident?”

The other party usually has 30 days to respond in writing to you. You don’t file any of this stuff with the courts. The only time the court gets involved is if the other party doesn’t respond or won’t comply with the request. That party can ask for a protective order against you and you can ask for a motion to compel the other party to comply. The decision will be up to the judge.

Discovery usually has to be done about two weeks before trial, but most cases are resolved by the discovery phase.

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Customer reply replied 3 months ago
I can't find your instructions.
Hi it's actually the latest thing I posted. You may have to scroll up.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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