101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Default, Notices

A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original […]

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Default Judgment Set Aside, Interlocutory Order of Default

A default judgment is where a plaintiff is automatically given the relief requested when a defendant fails to respond/answer in a timely manner. There are two types of default in Missouri: (1) an interlocutory order of default and a (2) default judgment. With an interlocutory order of default, there is a finding of liability, but […]

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Service by Publication

Due process requires that a Defendant/Respondent be given the best notice practicable under the circumstances. In many cases, this means that the Defendant/Respondent must be personally served with a lawsuit/petition/complaint. Several exceptions exist to this rule. For example, under Missouri Rule 54.13(b), personal service may be had by leaving a copy of the summons and […]

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Consumer Debt Defense, Credit Card Defense, Debt Collection

Very often if you have an excessive or past due bill from any sort of creditor — credit cards, utility companies, etc. — you will receive notices in the mail from some company you have never heard of demanding payment for the unpaid debts. You usually receive these notices from a separate company because debt […]

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