In Judge-tried cases/bench trials, it is common for a party to request that the court issue findings of fact and conclusions of law as part of its judgment. This will be done for at least a couple reasons: (1) to let a party know why the court rules a particular way and (2) to ensure…
Legal Articles
Verdict Interpretation, Inconsistent Verdicts
When interpreting a jury’s verdict, the Court reviews the entire record to discern the intent of the jury. Robinson v. Riverside Concrete, Inc., 544 S.W. 2d. 865, 871 (Mo. Ct. App. 1976). Courts are deferential to a jury’s findings; to that end, liberal regard is given to a verdict so that the court may give…
Law of the Case Doctrine, Re-litigation
There are numerous legal theories and arguments which prohibit the re-litigation of certain issues that were previously decided (e.g, collateral estoppel, res judicata). One such theory — the “law-of-the-case doctrine” — dictates that a previous holding or finding in a case constitutes the law of the case and precludes re-litigation of the issue on remand…
Individual Retirement Account (IRA) Creditor Protections, Garnishments/Execution
You go to court and win a monetary judgment, sometimes after several years and expending a significant amount of time and money. This does not mean, though, that you automatically get the money. If you have a judgment, it is your responsibility to collect it through judgment executions and garnishments. What most do not appreciate…
Supersedeas, Appeal Bonds, Stay of Execution
If someone obtains a favorable verdict and/or a judgment for money against you, and you decide to appeal, is there anything stopping the other side from trying to collect the money judment while the appeal is pending? In Missouri, you may be surprised to know that simply filing an appeal does not legally stop the…
Attachment, Missouri Judgment Collection
Under Missouri procedural rules, an “attachment” is a prejudgment remedy by which property can be taken into custody to satisfy an anticipated judgment. It does not create a right to a judgment or debt. Instead, it provides a means of enforcing a judgment. In essence, an attachment is designed to allow a plaintiff take control of…
Fraudulent Transfers
You either have a judgment or clear evidence that someone owes you money as a creditor. What’s to prevent the debtor from transferring around assets and hiding funds from your debt/judgment? Under the Missouri Uniform Fraudulent Transfer Act (“MUFTA”), transfers of assets may in certain circumstances be set aside to satisfy a judgment. “To set…
Equitable Liens
Collecting a money judgment is often very difficult, particularly if the judgment debtor is hiding assets, has little/few assets or is not covered by insurance. In fact, many attorneys are unwilling to handle cases when the prospect of a difficult to collect judgment becomes apparent. There are some legal theories and avenues which aid in…
Nunc Pro Tunc — Correcting Judgments/Orders
A Missouri Court’s Judgment becomes final thirty (30) days after it is entered. During this thirty (30) days period, the Judgement may be, among other things, modified or vacated upon motion by the parties. After this 30 day period when a judgment becomes final, a court’s power to amend the judgment is limited. Pirtle v. Cook,…
Post-Judgment Interest
Prejudgment interest is more complicated than post-judgment interest. Under the post-judgment interest statute, the statutory interest rate — 9% — begins tolling when there is money due under a judgment or order. Specifically, section 408.040, RSMo, states that: “interest shall be allowed on all money due upon any judgment or order of any court from…