FAQ

SERVICE OF PROCESS 

How many times do you attempt to serve a paper?
There is no set number.  We will make diligent attempts of service until the paper expires.

Do you attempt service at night or on the weekend?
Yes.  Every effort is made to attempt service when a person would be available to be served. 

Will you try to trick a person to get a paper served?
No.  We are officers of the Court and will not misrepresent ourselves, i.e. florist, delivery person, salesman, etc. 

If a person denies they are the person you are trying to serve do you demand identification?
We can ask, but we are not law enforcement and cannot compel a person to produce any form of identification. 

Can I request a specific process server to serve my summons?
No.  Each process server is assigned a specific area and is responsible for service within those boundaries. However, with a court order you may hire a Private Process Server at your own cost for some services.

Will you recommend a private process server?
No.  You can access the Court web site to find a list of approved private process servers which is located under Civil Records.

Will you attempt service at a bar, church, hospital, mental health facility or shelter?
If the person to be served is an employee at any of the above establishments we will attempt service, but if that person is not an employee there are safety and privacy issues that could restrict service at those locations. 

Are you allowed to accept gifts for serving papers?
No, an employee is not allowed to accept gratuities of any kind.

 EVICTIONS 

The role of Civil Process is to execute the Court Order giving you possession of your property.

How long is it going to take to get my eviction scheduled?

When a Restitution is received by this office the following occurs:

  • It is assigned to a Process Server II.
  • The Process Server II will post the Notice to Vacate the day it is received or no later than the next working day.
  • Following the posting of the Notice our department will contact the landlord to schedule the eviction.

The entire process from receipt of the Restitution to the actual eviction takes 5 – 7 working days depending on scheduling. 

*Landlords are advised that items set out on the curb may be subject to fines pursuant to code violations.  Please contact the city or municipality for disposal services.  

As a landlord, what are my responsibilities at the eviction?
You are required to do the following:

  • Check the property prior to the scheduled eviction to determine whether the tenet has vacated the premises.  If the property has been vacated, you are advised to contact the Process Server II that is assigned to your eviction.
  • To ensure successful transition of possession of the property, we strongly recommend locks be changed at the time of eviction, with the Process Server II present.  You may arrange for a locksmith to be present for the eviction or you may elect to change the locks on your own.
  • You, or your designated agent, must be present during the eviction.  If you send a designated agent, they must have a letter of authorization, signed by you, allowing us to return possession to that named person.
  • The Process Server II will clear the property and order any tenant or occupant to leave immediately.

Failure to comply with any of the above could result in your eviction being canceled and rescheduled for a later date.

DELINQUENT LAND TAX 

Can I just show up the day of the sale and bid on property?
No. You must complete a Bidder registration form (see Civil Process Forms) and submit it to the Department of Civil Process and be approved as a bidder no later than 10 days prior to the sale. Please be aware that it takes several days for the Jackson County Collections Department and the Civil Process Department to review your records and documentation.

*Bidders are responsible for obtaining their own copy of the Daily Record.  The Daily Record has a listing of all parcels for the Delinquent Land Tax sale.  You may pick up a copy of The Daily Record at 920 Main Street, Suite 825, Kansas City, MO 64105 or order on-line at www.molawyersmedia.com. NOTE: When ordering on-line be sure to request the Independence/Kansas City Tax List, not the Delinquent Tax Petition (properties requested to be placed in next year's delinquent land tax and not the current list of properties for sale).

Why was my bidder application not approved?

Listed below are the main reasons your bidder application may not be approved:

  • You own "real" property in Jackson County, Missouri and you have a tax bill which has been delinquent for more than six months.
  • You own property in Jackson County, Missouri and you or your representatives have two or more violations of the municipality's building or housing codes.
  • You have not provided sufficient documentation to show you or your representatives do not have two or more violations of the municipality's building or housing codes. NOTE: If you provide closed record information showing two or more violations, we will need a letter from the municipality indicating the disposition of these cases, otherwise we will assume they are guilty verdicts.
  • Your application is not submitted in time to process and approve your bidder application 10-days prior to the start of the sale. Note: The Civil Process Department begins accepting applications in April, prior to the August sale date, and it takes several days to process each application.​

 

When I buy property am I also buying any liens that are recorded against the property?
You may consult with an attorney regarding your legal alternatives before purchasing property at a tax foreclosure sale.  You may also review the statutory provisions set forth in the Revised Statutes of Missouri Sections 141.210 to 141.810.

Does my purchase price cover all delinquent taxes against the property?
No.  You will still be responsible for any taxes and assessments that are not included in the judgment.

If my purchase price exceeds the judgment amount can the overage be applied to any outstanding taxes?
No.  The excess proceeds can be applied for by the record owner that lost the property or any lien holder.

What is a Confirmation Hearing?

Confirmation Hearings are the first, and in many cases, the only step needed to confirm the sale of the parcel sold at auction. If there is an objection to the sale of the parcel the Judge will decide whether or not the case will be set for a Contested Hearing or confirm the sale. If the Judge sets a case for a Contested Hearing the County Counselor’s Office will send out notices of the hearing date to all interested parties. If the Judge decides to confirm the sale you can appeal the decision by filing an appeal at the Civil Records Department and/or Western District Court of Appeals.

What is a Contested Hearing?
By statute the Judge only has two issues to consider:
The conduct of the sale, which is reported to the Court in the Court Administrator’s Report of Sale.
Whether or not adequate consideration was given for the property sold in the auction.
If these issues are brought up at the Confirmation Hearing the Judge will consider whether or not to hold a Contested Hearing to hear further evidence in these cases. 
If the Judge confirms the sale of the property either at the Confirmation Hearing and/or the Contested Hearing you will have 20-days to file an appeal with the Western District Court of Appeals.
 

How long will it take to get my deed?
A confirmation hearing is held approximately 3 months after the sale.  If the sale is confirmed and no appeal is filed, a Court Administrator’s Deed will be recorded 30 days after the Judge signs the confirmation judgment. Confirmation hearings are generally held in November and December. Typically, deeds are recorded and mailed in February.  Once you receive the Court Administrator's Deed you may take possession of the property.

NOTE: You cannot take possession of the property until after you receive the Court Administrator's Deed.

I have a Court Administrator's Deed, but someone is still living in the property?

In the event the property is still occupied, the purchaser will need to obtain the Writ of Execution for Possession, found on the Civil Process Department website. Once the Writ of Execution for Possession is filed with the Civil Process Department, the Civil Process Department will post notification of the pending eviction on the residence and contact the representative listed on the form to schedule the eviction. If you try to evict the person(s) from the residence without obtaining the Writ of Execution for Possession you may subject yourself to criminal and civil penalties.

Where do I go to review the Court file or to file pleadings on a land tax case?
The Court files, both Kansas City and Independence, are kept by this department for cases prior to August 2023 and following August 2023 the information will be available through Case.net.  

How do I claim the excess proceeds from the sale of my property?
You will need to complete an Application for Excess Proceeds and file it with the Civil Process Department.  You will then receive a Notice of Hearing giving you the date, time and location of your hearing.  If you are awarded excess proceeds from the hearing, the funds will be distributed 30 days from the judgment.

(Note: Excess Proceeds are only available when the purchase price is more than the taxes owed on the property. These funds cannot be released until after the sale is confirmed by the Judge, the 20-day waiting period for appeal and/or an appeal is adjudicated and the sale is upheld, an Excess Proceeds application is accepted, and a hearing is held by the Court to determine if the individual and/or business is entitled to the funds.)

Do I need to hire an attorney to claim excess proceeds? 

Maybe. In most instances you do not need to hire an attorney; however, certain entities, including associations, partnerships, limited liability companies and corporations cannot represent themselves in Court (see RSMo § 484.020.1). In addition, individuals may desire to have legal counsel assist them in this process. Whenever legal counsel becomes involved in the matter the representing attorney shall complete an Entry of Appearance form.

How do I search for properties that have been sold at the Delinquent Land Tax Sale?

You will need to go to the Court Records & Resource, then click on the Delinquent Land Tax tab. This site will give you all the information you are looking for about the properties sold at the sale
Please note: Parcels sold for the current sale year will be displayed after both the Kansas City and Independence Sales have been completed.