Legal Question in Family Law in Missouri

My ex & I share joint custody or our 6 year old daughter. She is currently being evicted from the house she rents for non-payment of back rent. She has, of course, denied this when I've asked about it and says she's not moving any time soon.

A week ago a Garnishment was issued against her for POSSESSION OF PREMISES. What exactly does that mean?

Also, just this week, there was an entry of "Return Service-Writ Non-Est...Service Type - Execution 4; Reason Description - Other; Service Text - CANCEL"

How do I know what this all means? My ex is certainly not forthcoming with information about her legal troubles. I am concerned for where our daughter will be living while in her custody. Do I have any legal rights to find out about this eviction case?


Asked on 4/14/10, 8:48 am

1 Answer from Attorneys
Anthony Smith LawSmith

A civil eviction case is a public record. You, as a member of the public have found the notations for the sheriff's return of service. NonEst means that the servcie was not established. If this is at the Summons and PEtition stage, it usually means they col dnto fidn her to serve her with the doucments that initiated the law suit. If judgmetn has already been had, then the NonEet means that they could not let her know of her eviction date. Unfortunately, this most often occurs where teh person has already vacated th premises. You may want to go to the court house, and have the physical fiel pulled. Therein you can read what the deputy actually wrote down. They often tell if they think the premises are vacant.

Good luck

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Answered on 4/19/10, 11:29 am


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