Resources
Rent and Possession Filing Forms
Filing Costs
Execution of Judgment
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Form CV92: Execution/Garnishment/Sequestration Application and Order |
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Form CV110: Interrogatories to Garnishee |
Filing Instructions for "Petition of Landlord for Recovery of Possession for Non-Payment of Rent" Form
The following are instructions for the Petition of Landlord for Recovery of Possession for Non-Payment of Rent form.
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The tenant must be past due on rent.
You must be the land owner in order to file.
The filing fee is $33.
Method of Payment
- No personal checks for filing fees are accepted.
- Cash is accepted. Please bring exact change. Cashier checks, money orders, and credit cards are also accepted.
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Clay County Sheriff's Service Fees
Number of Defendants Amount One (1) $50 Two (2) $80 Three (3) $110 Four (4) $140 Ask for additional fees if there are additional defendants.
The Clay County Sheriff will take personal checks.
- Fill out both the Petition and the Confidential Case Filing Information Sheet - Non-Domestic Relations forms clearly.
- Print a copy of each form for each defendant. This will provide enough copies for service.
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Either bring your completed forms to the Civil Filing Window at the Justic Center along with the filing fee, Sheriff's check, and a self-addressed, stamped envelope or, alternatively, mail these items to:
Clay County Circuit Clerk
11 South Water Street
Liberty, Missouri 64068 - Ten days after you receive the receipt (in your stamped, self addressed envelope), go to Case.net and tap the Case Number Search link to check for service on the defendant(s).
Service means the defendant(s) must be personally served. You cannot serve your own summons to the defendant.
Exception to Personal Service: You may choose to ask for a Motion and Order to Post form. When a Posting Summons is attached to the door, you can receive possession of your property but you will not receive a money judgment.
If you request a Motion and Order for Special Process form, you may name someone (other than yourself) to personally deliver a copy of the Summons to the Defendant(s). The Court must have a notarized Summons from the server within the required time for the service to be accepted.
A Process Server is someone over the age of 18 who is not related to the case. Process Servers may be found in the Yellow Pages directory under Investigations.
Mediation Available
Division VII
MEDIATION is available in Rent and Possession Cases
Mediation is a court approved alternative for settling your case without a trial. Mediation provides an opportunity to reach a mutually acceptable resolution of the dispute. Agreements may result in dismissal of the case, short-term monitoring or entry of an agreed judgment.
“Mediation” is a confidential process in which a mediator assists people to communicate and negotiate effectively as they explore options for resolving their dispute.
Mediation helps when …
- you wish to negotiate a payment arrangement,
- you need to resolve a dispute about how to calculate the claim,
- you are interested in continuing the tenancy as long as appropriate arrangements are made, or
- you want to explore unique options for resolving your dispute.
For more information or to arrange mediation contact:
Seventh Circuit Office of Dispute Resolution ServicesR.Kenneth Elliott Children's Justice Center
351 East Kasnas Street
Liberty, Missouri 64068
816-736-8402
teri.hargrave@courts.mo.gov
Rules of Mediation
The parties, whose names appear below, understand that a maximum of two hours of mediation is provided at no charge through the Seventh Judicial Circuit Office of Dispute Resolution Services. The mediation shall be conducted in accordance with Missouri Supreme Court Rule 17.
Purpose of Mediation
Mediation is a process in which a neutral third party (the "mediator") helps the parties communicate effectively to discuss resolution of issues in dispute between them.
Role of Mediator
A mediator allows parties to make their own decision and may not impose his or her own judgment on the issues. The mediator will not provide either party with legal advice. The mediator shall not be subpoenaed or otherwise compelled to reveal any matter disclosed in the process of setting up or conducting the mediation. The mediator may be called as a witness to enforce the written settlement agreement reached by the parties for the limited purpose of describing events following the termination of the mediation.
Right to Counsel
Each party is encouraged to be informed about his or her legal rights. Parties may bring their attorneys to the mediation session and have a right to consult with their attorneys outside the presence of other parties.
Confidentiality
Mediation is considered part of settlement negotiations. Generally, any communications relating to the subject matter made during the mediation by any participant, the mediator, or any other person present at the mediation shall be confidential communications. No admission, representation, statement or other confidential communication made in setting up or conducting mediation shall be admissible as evidence or subject to discovery, except that facts independently discoverable shall be not excluded just because they were also disclosed during mediation. The court shall be informed within ten (10) days of the termination of mediation only whether the parties were successful in resolving their dispute or that issues remain open and unresolved.
Negotiation Status
Nothing said or agreed upon in mediation is binding. Settlement shall be by a written document executed after termination of mediation, setting out the essential terms of the agreement. A written agreement may create a binding contract between the parties, but requires approval of the court to be enforceable as a court order.
Missouri Law and Local Resources
Disputes between landlords and tenants are common, and many may be avoided when both parties are more aware of their rights and responsibilities. Here are some resources on Missouri's Landlord-Tenant Law and the rental process.
Missouri's Landlord-Tenant Law Publication
Missouri's Landlord-Tenant Law Publication by the Office of the Missouri Attorney General. A 20-page guide that can help tenants and landlords avoid disputes.
Missouri State Law – Landlord-Tenant Issues
Chapters 441, 534 and 535 in the Missouri Revised Statutes address landlord-tenant issues.
Missouri Bar Publication
Consumers and the Law Resource Guide
Clay County Resources
Center for Conflict Resolution
Clay County, MO - Municipalities
City of Liberty Safe Residence Program
North Kansas City Safe Residence Program
U.S Department of Housing and Urban Development (HUD)
Local Tenant Rights, Laws and Protections: Missouri
Housing Complaint Line or call toll-free 1-800-685-8470 / TTY 1-800-432-2209
Contact Information
Circuit Clerk: Civil Department
| Building: | James S. Rooney Justice Center |
| Address: | 11 South Water Street Liberty, Missouri 64068 |
| Telephone: | 816-407-3850 |
| Email: | civil@circuit7.net |
Office of Dispute Resolution Services
| Building: | R. Kenneth Elliott Children's Justice Center |
| Address: | 351 East Kansas Street Liberty, Missouri 64068 |
| Telephone: | 816-736-8402 |
| Email: | teri.hargrave@courts.mo.gov |
Rent and Possession Court
Clay County Circuit CourtDivision IX
| Building: | James S. Rooney Justice Center |
| Address: | 11 South Water Street Liberty, Missouri 64068 |
| Telephone: | 816-407-3960 |