St Charles County Sheriff s Department Eviction Process

Size: px

Start display at page:

Download "St Charles County Sheriff s Department Eviction Process"

Jade Morris
7 years ago
Views:

1 St Charles County Sheriff s Department Eviction Process The following information is a general guideline for what may happen after you have received a judgment for possession, and what you can anticipate happening during the eviction process. The St Charles County Sheriff s Department acknowledges there are circumstances that will arise and need to be dealt with on a case-by-case basis, and thus may differ from the information provided in this document. The St Charles County Sheriff s Department reserves the right to adjust or change any part of this general guideline without prior notice. 1. After you have received a judgment pursuant to a landlord tenant action or unlawful detainer lawsuit, an execution for Rent and Possession (also referred to as an eviction order ) will be required. This order authorizes the Sheriff to assist in your eviction. The order must bear the court seal and judge s signature. If e-filing please make sure to print the final order and attached the proper service fee. At the bottom of the order print your contact information and phone number. 2. Up arrival at this office the eviction order will be reviewed for accuracy. If correct, it is forwarded to the Civil Process sergeant for scheduling. 3. Scheduling The scheduling process begins each week on Tuesday and is completed by Thursday morning- for evictions that will be performed the following week. The Civil Process sergeant handles all scheduling decisions and assignments. It is understood that as the plaintiff (landlord), you will want your judgment executed immediately. Please be patient the process is nearing completion. 4. What to expect before the eviction 1. You will receive a telephone call/ /calendar invitation, from the sergeant with the date and time of the eviction.

2 a. If you are aware the defendant has vacated please advise the sergeant when he contacts you. b. If the defendant moves out prior to the eviction date and time you can call and cancel the eviction. Please discuss this with your legal counsel before making any decisions. c. Once the date and time has been scheduled, only the plaintiffs attorney, the plaintiff, or a stay order from the court can stop the process. The St Charles County Sheriff Department cannot stop the execution of eviction process once scheduled. d. A notice will be posted or served to the defendant to vacate the residence on or before a specified date. (There is no 30 or 10 day rule after the execution of eviction has been ordered.) e. Please note: The St Charles County Sheriff s Department is not responsible for contacting your subcontractors/property managers/movers. We will contact either the attorney that has requested the eviction order or the plaintiff to provide the date/time of your scheduled eviction. 5. The day of the eviction 1. The day of the eviction the plaintiff or their representative will meet with a member of the St Charles County Sheriff s Department Civil Process Unit at the residence / business address where the eviction is to take place. Please have the following with you (if needed) a. The ability to gain entry into the residence/business. It is your decision to choose the best method of entry. b. Set of new door locks (if needed) for the residence/business

3 c. Sufficient help to remove the personal property that remains in the residence/business and set it to the curb line in an expeditious manner. 6. The Eviction Process 1. The St Charles County Sheriff s Department Personnel will knock and announce themselves. 2. If there is no answer, entry into the residence will be made by whatever means you have provided (locksmith, key, drill out lock, etc ). 3. The Sheriff s Department Personnel will proceed into the structure and check for individuals. If any are located, they will be escorted from the property in a professional manner that ensures all parties present during the process will keep the peace. Any individual creating an environment that disturbs the peace of the process will be dealt with in a professional manner. Those not following the directives of the St Charles County Sheriff s Department Personnel, shall be subject to all manner of law up to and including arrest. a. Note if no individuals are located, the Sheriff s Department member will turn the property over to the plaintiff/plaintiff representative with the same instructions for the personal property of the defendant as if the defendant were present. 4. All personal property should then be removed to the curb line of the residence/ business property for 24 hours. This period allows the defendant to retrieve their property if they so desire. It is not the duty of the Sheriff s Department or the plaintiff to secure and guard these personal property items.

4 a. For pets that have been left at the property, the Sheriff s Department will contact the local Animal Control Department for the jurisdiction and have the animal(s) removed and remanded to their custody. Congratulations, you have now lawfully regained possession of the property! 5. At the expiration of the 24 hour period it is the responsibility of the landlord or their representative to clean up and dispose of any property that remains at the eviction site. a. Municipalities have various rules regarding items left on the curb. While we respect these rules and strive to have communication with the municipalities, the municipal rules do not govern the procedures of the eviction. 6. The deputy will then complete a signed return of service for the court. This action concludes the eviction process. FAQ Below is a list of frequently asked questions concerning the eviction process. Q: I live out of town. Do I as the plaintiff need to be there? A: No, however you will need to have a representative present to protect your interest. Q: I am the attorney, do I or a colleague need to be there? A: No, however you will need to have the plaintiff or their representative present to take possession of the property. Q: If I am being evicted and I am not home when the sheriff s department arrives, will you still put my personal items on the curb? A: Yes Q: I am a property management/eviction company. My company requires a Sheriff s signature on their paperwork, will you sign it? A: No, the St Charles County Sheriff s Department will only file a signed return to the court. However, you may ask the Sheriff s Department member for a photograph of them and their department issued vehicle as many institutions do, and they will be happy to comply. Please, be respectful making these requests so they do not conflict with the eviction process.

5 Q: The defendant has taken items that are part of my property, and I want to file a theft report. What do I do? A: You will need to contact the law enforcement agency that has jurisdiction where your residence/business property location is to file the report. It is highly suggested that you contact your attorney to discuss further civil actions if warranted. Q: I have hired a private eviction company to handle my eviction will the sheriff s department contact them with the date and time of the eviction? A: No, it is the responsibility of the plaintiff or plaintiff representative to contact these subcontractors. Q: I just received my judgment for possession of my property. Will the sheriff s department meet me at the property directly after court to place the defendants possessions on the curb? A: No, the procedure of the sheriff s department is to give the defendant notice. If this is the initial judgment for possession, there is generally a 10-day appeal process from the date of judgment until the eviction can be executed. Q: I have a tenant that is behind on the rent; can I as the property owner go and change the locks until I get my money? A: No, this violates the Revised Missouri Statutes. Please consult your legal counsel before any hasty decisions. Q: How do I get my eviction expedited? A: There is a specific revised Missouri statute that covers expedited eviction proceedings. Please consult with your legal counsel for specifics. Q: The tenant was cooking meth in my property. I have just received my judgment for possession, but the house is condemned. Now what? A: This is a case where expedited evictions are considered. Once you receive your judgment for possession, have your legal counsel contact the St Charles County Sheriff s Department Civil Process sergeant to discuss the options available to gain possession of the property as soon as practical so you can lawfully mitigate the property. Note that St Charles County Sheriff s Department Personnel will not enter property that is still condemned and not remediated unless exigent circumstances exist. Q: How do I evict someone that I am letting stay in my basement/spare bedroom etc? A: You may need to follow the same court procedure as a landlord/property owner utilizing some type of civil remedy. Please consult with your legal counsel for your options. Q: Can I enter into my rental property, even though it is occupied by a tenant, any time I feel it necessary? A: As the owner of property you have the right to protect the property. The terms of leases vary greatly. Contact your legal counsel to ensure you have the best available information. Q: Why do you keep saying to contact your legal counsel, isn t the Sheriff s Department the authority? A: The St Charles County Sheriff s Department cannot provide legal advice in any matter, criminal or civil.

EVICTIONS. in Baltimore City. PROCEDURES for tenants and landlords

EVICTIONS. in Baltimore City. PROCEDURES for tenants and landlords EVICTIONS in Baltimore City PROCEDURES for tenants and landlords Evictions in Baltimore City Procedures for tenants and landlords Landlord Scheduling and Notifying Tenant of the Date of Eviction, What