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Lawsuits/Evictions

Representing landlords in eviction and other tenant-related lawsuits is Scott Law Firm's primary business. Our philosophy is to make the process as easy for landlords as possible by implementing standardized procedures for collecting the necessary information and communicating with our clients. We also strive to make the expense of landlord-tenant lawsuits predictable and economical for our landlord clients by using a flat-fee system - see the Fees and Costs page for tables showing the fee schedule and court costs. Fees are also summarized in the "Lawsuit Procedures" section below.

For information on types of cases landlords can file against tenants, see our Missouri Law page.

Here is what we need to file a lawsuit:

• We ask that new landlord clients fill out our Form 4 ("Landlord Identification Form") the first time they request services.
  • This form does not need to be completed for subsequent cases unless the information previously provided has changed.
  • The form is available on our Forms page.
  • The form also can be downloaded in PDF format by clicking here.
• Whenever a landlord wants to file a landlord-tenant lawsuit, we request that the necessary information be provided to us on our Form 5 ("Request to File Landlord-Tenant Lawsuit").
  • If this form is not used, we charge an additional $20 flat fee to collect the necessary information.
  • The form is available on our Forms page.
  • The form also can be downloaded here in your choice of three formats:  PDF  Word  WordPerfect.
• We also need a Form 6 "Verification Form" signed by the landlord (or agent) to attach to the lawsuit.
  • By signing the form, the landlord or agent merely certifies under oath that the facts stated in the lawsuit are true. Not only is the verification a technical legal requirement for eviction lawsuits, but also it serves as "evidence" to support the lawsuit which the court deems sufficient to grant default judgment if the tenant does not appear in court in response to the lawsuit.
  • The signature on the verification form needs to be an original signature - a faxed or emailed form will not suffice - and therefore the signed form should be either mailed or delivered to Scott Law Firm before suit is filed.
  • While we can file a verification form separately sometime after the lawsuit is filed (but before the first court appearance), we charge an additional flat fee of $10 to do so because of the extra handling involved.
  • The verification form is available on our Forms page.
  • The form also can be downloaded here in your choice of three formats:  PDF  Word  WordPerfect.

Lawsuit Procedures

When we file a lawsuit, we mail a copy of the lawsuit to the client along with a copy of the filing letter. The filing letter addressed to the court clerk includes the amount of the filing fee paid. At the same time, we enter the filing fee and the legal fee (for filing the case and attending the first court appearance) in our accounting system for later billing to the client. The legal fee is $100 if the lawsuit information was provided to us on our Form 5; there is an additional $20 legal fee if the information was not provided on our form because of the additional time required to gather and organize the information. Click here to see our complete fee schedule for landlord-tenant cases.

If the client did not provide a signed verification to attach to the lawsuit petition, we also send a verification form to the client with the initial mailing and ask that the verification be signed and returned to us for later filing with the court. There is a $10 legal fee charged for this additional filing.

When we receive information from our special process server or the Sheriff's Department about service of the lawsuit on the tenant(s), we mail a report to the client. This report advises either:

• That service was accomplished, that the initial court appearance (called the "return") has been scheduled at a specific date and time, that we will appear at the return for the client, and that the client is not required to be present at the return. Note: The return date usually is about three weeks after the date the case was filed.
• That service was not accomplished and that we will not be able to proceed with the lawsuit unless the client provides more information about where the tenant(s) can be served.

Assuming service was accomplished, we contact the client shortly before the return date to obtain updated information.

After the return (first court appearance), we mail a report to the client on what happened. Possible contents of this report include the following:

• That the lawsuit was dismissed. This is usually done at the client's request when the case has been settled to the client's satisfaction.
• That the court appearance was postponed to a later date. This is usually done at the client's request when settlement negotiations are ongoing at the time of the return, but sometimes postponements are requested by the tenant(s) and granted by the court.
• That a judgment was entered against the tenant(s), either by default (failure to appear) or consent. If a judgment was entered, additional information provided includes: A copy of the signed judgment, or, rarely, a copy of a judgment prepared after court for later signature by the judge.
• A statement whether the judgment is final or interlocutory (preliminary). If the judgment is interlocutory, a later court appearance for final judgment is noted.
• The date when we can file a request with the court to have the sheriff conduct the eviction if necessary (this date is usually the 11th business day after the judgment date). Most tenants leave after an eviction judgment is entered, so we rely on the client to determine whether the tenants have vacated and to ask us to file the sheriff eviction request with the court if necessary.
• The date when any monetary judgment against the tenant(s) can be enforced. We rely on the client to ask us to pursue collection of the judgment, and the only collection action we undertake is garnishment. If the client wants a garnishment, the client must be able to provide information about the tenant's employment or bank accounts. If the client wants collection services other than garnishment, we will refer the client to another attorney who specializes in judgment collection work.
• Whether a trial or other hearing has been scheduled. Most of the time this happens when the tenant(s) dispute the client's claims. However, a trial can also be scheduled if the client believes there is property damage and asks for an interlocutory judgment and later hearing to determine property damage issues. Note: If the tenant(s) is/are still residing in the leased premises, trials usually are set within 7-14 days after the return date; otherwise, they usually are set about a month after the return date. If a trial has been scheduled, the following additional information is provided: The date and time of the trial, or a notation that the trial will be scheduled later by the court (in which case we send a separate report to the client when we receive notice of the trial date).
• The name of the judge who will hear the case.
• A notation that we will contact the client shortly before the trial to obtain updated information.
• The time the client and any witnesses should meet with our attorney at the courthouse before the trial.
• A notation that the client should promptly notify us of any witnesses who may need to be subpoenaed to appear at the trial. (We charge a $25 fee to prepare the subpoena form and arrange for service of the subpoena. That fee and the server's fee are billed to the client.)
• A list of documents the client should bring to trial.
• If property damage is at issue, a reference to the guidelines on our web site for proof of premises damage.
• Any additional relevant information about the lawsuit, including any additional legal fees billed (and the reason for the additional legal fees).

If a trial or other hearing is scheduled, we mail a report to the client after the trial/hearing on what happened. Possible contents of this report are the same as the report on returns (see list above).

We charge a flat fee of $125 for conducting trials, with the exception that we bill at our hourly rate of $200/hour for defense of counterclaims and responding to any discovery requests made by tenants. We also charge a flat fee of $25 for any additional court appearances in a case when those additional court appearances were the result of requests either by our client or the tenant(s). Click here to see our complete fee schedule for landlord-tenant cases.

The reports and correspondence mentioned above are the only reports we provide to clients within our standard fee structure. These reports give our clients the complete status of each case at any given point in time. Because of our caseload, we cannot guarantee providing additional reports, but if we are able to respond to requests for additional information and reports, we may charge additional fees for doing so.

Issues that Arise while Lawsuits Are Pending

The following issues sometimes arise while lawsuits against tenants are pending. Clients should consult with us if unsure how to proceed after reviewing the following information.

Continuances: Occasionally a client asks us to continue (postpone) an upcoming court appearance. Sometimes this results from settlement negotiations and payments being made by the tenant. If the case is set for trial, sometimes a client or witness will not be available on the scheduled trial date, or the client has not finished gathering all information necessary for trial. While it is ordinarily possible to obtain a continuance, the process is easier and less expensive for the client if the client will notify us of the need for a continuance no later than three business days before the scheduled court date (and preferably much sooner than that) so we can file a written motion for continuance and possibly avoid having to appear on the case on the scheduled court date to request a continuance in person. If we are unable to file a written motion for continuance and must appear in person to request a continuance, the $25 flat fee for extra court appearances mentioned above will apply. (Note, however, that some judges will not rule on a previously filed motion for continuance until the case is called on the scheduled date; in this situation, the $25 flat fee for extra court appearances will apply anyway.)

Dismissals: If a case is settled and the client wants to dismiss the case, the client should so notify us at least three days before the next scheduled court date so we can file a written dismissal and avoid a court appearance to dismiss the case. While we can dismiss a case when appearing in court, the appearance could be an extra appearance in the case, thus resulting in our charging the $25 flat fee for extra court appearances.

Payment Tendered in Rent-and-Possession Case: As noted on the Missouri Law Page of this website, under the rent-and-possession statutes, the tenant has the right to continued possession of the leased premises if he or she pays (or tenders payment of) the rent then due plus court costs at any time up to and including midnight on the the date judgment is entered. As a result, the landlord cannot legally refuse to accept such payments; if the landlord does refuse such payments, the court will treat the tenant's tender of payment as the legal equivalent of payment and refuse to evict the tenant, subject to the tenant making the payment. In this situation, while payment of rent then due plus court costs will prevent eviction, the landlord can opt to continue the lawsuit to obtain a money judgment against the tenant for other charges due, such as late payment fees, bad check charges, utilities, property damage repair costs, and attorney fees.

Special Note: If a landlord has a clause in the lease that specifies the order in which payments will be applied notwithstanding any contrary notation on the tenant's check or other payment advice, that clause will control. Such a clause could specify that payments be applied first to late fees, other charges due under the lease, and past months' rent before any remaining portion of the payment is applied to currently due rent. Unless the tenant pays all amounts due (in which case dismissal of the lawsuit would be appropriate), such a clause often will result in some rent still being owed, allowing an eviction order to be obtained.

Payment Tendered in Unlawful Detainer Case: A similar legal problem can arise when a tenant who is being sued for unlawful detainer tenders a payment while the lawsuit is pending. This problem is discussed under the heading "Beware of Waiver" on the Missouri Law Page. If a landlord is not careful, accepting rent or other payments from the tenant might be seen by the court as a waiver of the right to pursue eviction. This problem can be avoided by including a non-waiver clause in a pre-suit notice given to the tenant. The notices provided on the Forms Page of this web site include language excluding waiver when applicable and should be sufficient to avoid a waiver defense by a tenant. However, if no notice was given, or if a notice that was given did not include non-waiver language, the landlord will need to make sure the tenant understands that acceptance of a payment does not waive the right to pursue eviction. This is best done in writing, and it would be best to get the tenant's signature if possible. If the tenant will not agree that payment will not waive eviction, the payment should be refused.

Special Caution: When an unlawful detainer case is based on the tenant holding over after the expiration date of a written lease (which does not require a pre-suit notice), acceptance of a rent payment could create a new month-to-month tenancy. In this situation, unless the landlord can get the tenant to agree in writing that acceptance of the payment will not waive eviction, the payment should be refused. If a new month-to-month tenancy were created and the landlord still wished to evict the tenant, the existing lawsuit would have to be dismissed, a 30-day notice to terminate the month-to-month tenancy would have to be served on the tenant, and a new lawsuit would have to be filed after the month-to-month tenancy ended.