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Court evictions

motenanthelp

Last updated 09/26/2023

There are several types of evictions that can be filed in Missouri. Though Rent and Possession and Unlawful Detainer cases are the most common. Review below to see what type of case has been filed against you.

motenanthelp

Last updated 06/22/2023

Learn what a summons, petition, and complaint are.

motenanthelp

Last updated 06/22/2023

When your landlord initiates legal action, you may receive a Summons through personal service, certified mail, or posting on your door. Seek legal advice promptly to understand your rights and obligations when served with a Summons.

motenanthelp

Last updated 07/19/2023

In certain situations, the court may grant a request for a continuance. This allows for more preparation time and can be requested if both parties agree, there are valid reasons, or trial preparation is incomplete. If needed, ask the judge for a continuance during the proceedings.

motenanthelp

Last updated 07/19/2023

Before trial, try to reach a written agreement with the landlord. Make sure you understand it before signing. Protect your own interests as the landlord’s attorney represents them, not you. Ask the judge for clarification but remember they cannot provide legal advice.

motenanthelp

Last updated 06/22/2023

How to find out when to go to court and what to bring with you.

motenanthelp

Last updated 07/19/2023

During a trial, you have the option to request a jury trial, or the judge will decide the case in a bench trial. Your landlord will present their evidence, and you will have the chance to cross-examine and present your defense. The judge will then make a decision known as a judgment.

motenanthelp

Last updated 06/22/2023

Agreements with your landlord may result in a consent judgment, which cannot be appealed. Failure to appear in court can lead to a default judgment in favor of the landlord. A judgment in favor of the landlord can entail monetary obligations or eviction, while a judgment in favor of the tenant allows them to remain in the property.

motenanthelp

Last updated 07/19/2023

After a possession judgment is issued, you have 10 days to vacate. If you don’t move out, the landlord can request the sheriff to physically remove you without notice. Contact the sheriff with your case details to ask about the execution of the evicition.

motenanthelp

Last updated 06/22/2023

Seek legal advice before filing a motion to set aside a default judgment, as it can lead to additional landlord rights. Default judgments are not favored by courts, so under certain circumstances, you can ask the court to set it aside. You need to show “good cause” for not appearing and present a “meritorious defense.” File a written motion, request a prompt hearing, and serve the motion and notice to your landlord. Filing a motion does not automatically stop eviction, so ask the judge for a temporary stay. Serve the documents promptly, and if the default judgment is set aside, a new court date may be scheduled.