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Steven Andrew Donner

Steven Donner’s Answers

4 total

  • How soon should a deposition be taken in a civil case

    Steven’s Answer

    • Selected as best answer

    As the prior attorneys suggested, there are many different kinds of discovery, ranging from interrogatories, request for admissions, request for production of documents, depositions etc…

    In determining which discovery tactic to use along with when to use it, I think it is vital that you take into account numerous considerations so that you have a sound strategy as you move forward. As you suggested, one of the many reasons to have a deposition is to preserve the testimony of a witness for trial. Depositions are also a solid tool because you can learn the entire story of the witness so that you do not attend trial with surprises and new facts. Additionally, depositions can be used at trial for obtaining admissions, facts for impeachment as well as for rehabilitation of the witness.

    Some attorneys like to come right out of the gate with depositions, using them as aggressive tactics to trip up a potentially ill-prepared witness. However, other attorneys like to use other methods of discovery first because they want to narrow down the scope of topics to be used in a future deposition or determine the most appropriate party to depose. Again though, it all depends on the strategy of the parties involved. For these complex considerations, it's always good to contact an attorney.

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  • Auto deal gone wrong- used incorrect mileage to get loan approved.

    Steven’s Answer

    In my opinion, it sounds like you have a few courses of action. However, more information will need to be obtained. As the prior post suggests, there could be a number of potential lawsuits here, especially a potential violation of Missouri’s Merchandising Practices Act. Each state has banned unfair and deceptive acts in trade practices.

    V.A.M.S. § 407.020 proscribes a person from employing “deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement” in relation to merchandising practices. The statute leaves these key terms undefined and instead, analyzes each putative activity case-by-case. It’s important to make sure that any potential claim is not barred by the statute of limitations and that you can meet the elements of a claim. It would be good to have a professional analyze the strength of your potential case and discuss options that are tailored to you. Consequently, I would strongly suggest that you speak with an attorney so that they can review your matter.

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  • Do I need a business lawyer

    Steven’s Answer

    Yes, as the prior post suggests, you should get an attorney. A corporation is a great way to establish limited liability in the event of a lawsuit. However, there are lots of ways to pierce the corporate veil. These situations become complex quickly, especially once a lawsuit has been filed. It’s important to understand your rights and have your interests protected as much as possible. You definitely need an attorney.

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  • Without a contract can someone sue and be sucessful?

    Steven’s Answer

    If you paid the creditor all of the money that you owed pursuant to any mutually agreed upon terms derived from an agreement (oral or written), you should be fine. However, if the creditor disputes payment in full, the creditor can always file a lawsuit. As the previous attorney stated, yes, the legal rate of interest in Missouri is 9% when no other rate is agreed upon for accounts after they become due and payable. It’s important to keep receipts regarding payments made and dates as to when you made them. Further, if it reaches litigation, you may have solid defenses and might even be able to file a counterclaim. For these reasons, it's always good to contact an attorney, especially if a cause of action is filed against you.

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