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 can not 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.
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 employee is allowed to accept gratuities of any kind.
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 an Execution Deputy.
- The execution deputy will post the Notice to Vacate the day it is received or no later than the next working day.
- Immediately following the posting of the Notice the execution deputy will contact the landlord to schedule the eviction and inform you of the number of movers required to complete the eviction.
The entire process from receipt of the Restitution to the actual eviction takes 5 – 7 working days depending on scheduling.
As a landlord, what are my responsibilities at the eviction?
You are required to do the following:
- 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.
- Have the required number of movers as discussed with the execution deputy at the time of scheduling.
- You, or your designated agent, and all your movers must be on time.
- You will provide the trash bags and/or boxes for your movers to pack any of the smaller personal property items, i.e. clothing, dishes, toys, food, mail etc.
- The movers will remove all property from the residence and place it at the curb.
Failure to comply with any of the above could result in your eviction being canceled and rescheduled for a later date.
If I have to do all the work, provide the movers and all the supplies why do I need you?
Our role at an eviction is to execute the court order giving you possession of your property.
How long do I have to leave the property at the curb?
That is a legal question. You will need to contact your attorney.
DELINQUENT LAND TAX
Can I just show up the day of the sale and bid on property?
No. You must complete a registration form and submit it to the Department of Civil Process no later than 10 days prior to the sale.
*Bidders are responsible for obtaining their own copy from the Daily Record listing all parcels for the Delinquent Land Tax sale. The Daily Record is located at 405 E 13th Street, Suite 202, Kansas City, MO 64106.
When I buy property am I also buying any liens that are recorded against the property?
You should 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.
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. Please note that it will take approximately 10 more business days for the Court Administrator's Deed to be sent through U.S. mail.
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. All pleadings must be filed here also.
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 this 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.