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How to avoid a judgment for eviction

Summary

Even if the court determines that you owe your landlord rent, Missouri law provides a tenant several opportunities to “pay and stay.”

motenanthelp

Last updated 06/22/2023

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Even if the court determines that you owe your landlord rent, Missouri law provides a tenant several opportunities to “pay and stay.”

Pay before the trial date

You can pay the past due rent plus court costs up through the day of trial. If you do not know the amount of court costs then you should call the court clerk and ask the amount of court costs for your case. If you pay before your trial date you still need to appear in court and bring your proof of payment. Once it is paid, the lawsuit can be dismissed.

Pay at the trial

Bring your rent plus court costs to the trial. You will need to show the judge your payment. Your payment should be in the form of a money order, cash, or certified check.

Pay after the trial and complete all of the following

  1. Request a trial de novo (new trial). A form should be available in the clerk’s office.
  2. Ask the court clerk’s office for the amount of court costs.
  3. Pay the amount of the judgment plus court costs to the landlord. Pay this money as soon as possible within 10 calendar days of the date of the judgment but definitely before the sheriff removes your belongings from your home.
  4. Get proof of your payment from your landlord, such as a receipt.
  5. Immediately file a written request with the court to “cease and stay” any requests by your landlord for an eviction. Your request should also state: the date, your name, your landlord’s name, the court case number, the amount you paid to your landlord, the date and manner you paid your landlord, and the method by which you paid your landlord.
  6. Attach a photocopy of your proof of payment to the request.
  7. Keep a photocopy of the proof of payment with your other important papers.