Legal Question in Landlord & Tenant Law in Missouri

Re: Obtaining possession after judgement

By law in Missouri court clerks cannot give legal advice, so the direction of the court clerk to see an attorney was proper.

Mr. Guilfoil's articulate description of what can and should be done would be difficult to add to, other than to say that any damage the tenants cause after they are served with a notice to quit is a separate issue and a matter for a separate lawsuit at some later point in time.

It would be a good idea to select an attorney to help you with the garnishment process, as suggested by Mr. Guilfoil.

Re: Obtaining possession after judgement

The judgment is not final for 10 days if it was taken in associate circuit court. The tenant can request a trial de novo (appeal) during that time.

Once the judgment is final you may file a restitution notice with the sheriff of the county of the premises asking them to post the restitution notice on the premises. It usually says you have 10 day to get out or you will be removed. It usually takes a couple of weeks to get the restitution notice filed and posted, and then another 10 days from when posted to when they can be removed.

The sheriff will then show up at the premises that day and "oversee" the moving of the tenant if they are still there. Note: this does not mean the sheriff will physically move them or their belongings out if they are still in possession. It means you as the landlord have to arrange to have people ready to put their possession to the curb when the sheriff comes.

The only reason he is there is to prevent violence, and they will NOT help you move anything.

TO get any money, you will need to know where they work to file a garnishment, or where items of value are located to levy against. I would not recommend doing either without an attorney, as both are rather complex and easy even for attorneys to do wrong who do not handle such matters on a regular basis.

You should also be aware that if the matter was not contested and you took a default against the defendant(s), that a Motion to Set Aside Default may be filed within one year of judgment, and often is by defendant(s) as soon as someone tries to execute against them.

Good luck. Do not hesitate to contact me if you need counsel. Matthew Guilfoil 816-842-3717.