Civil Process
Civil Process
Many people ask what Civil Process is and why the Sheriff's Office does it. Basically, Civil Process is the service of Court papers such as summons, subpoenas, garnishments, civil suits, small claims filings, ex-parte and protection orders, eviction notices, replevin orders, juvenile papers, or virtually any other document to be served for Court purposes. Missouri law requires the sheriff to perform civil process unless a private process server has been appointed or other option is permitted by the Court.
In Andrew County we typically serve between 2,000 and 2,200 Court papers per year. Missouri law requires certain fees on civil process being $30 per paper on Civil summons, Notices, Court Orders, Garnishments, Motions, and Eviction Notices. The Andrew County Sheriff's Office also charges a $15.00 flat fee for mileage to each address that is served. No fees are charged for Criminal Summons, Orders of Protection, or notices of hearings.
Being a medium size organization, we incorporate our civil service into our patrol division in Andrew County. We do so to be productive and maximize our time, as quite often people are not home on the first, second, or even third attempts for service. Summons can be given to anyone at the residence above 15 years of age.
Several times each year, notices to prospective jurors are sent out that they have been selected for jury service. Missouri law directs the Circuit Clerk to obtain the names in the county of the prospective jurors. You will often receive such notices in the mail from the Circuit Clerk's Office. Many times, people have vacations, medical treatments, or have difficulty in being at the Courthouse for specific dates. If you have such a need, please call Andrew County Circuit Clerk Christy Porter at 816-324-3921 and they will do their best to help you.
We serve a large number of eviction notices each year. In order for this office to serve an eviction notice the landlord must have either a printed or written notice they want us to serve. Once we make service that tenant has 30 days to vacate. If he/she refuses to leave the landlord may simply apply for a Court order which directs the sheriff to forcefully evict the tenant(s). Since 01-01-2001 we have had only a few Court orders to forcefully remove people from a residence. Each time we have explained to the tenant he/she is responsible for the total costs of the sheriff and deputy's time and efforts and we are only obligated to set the property at the curb regardless of the weather. This is not our preferred way to spend the day and we have had much cooperation when it gets to this point. Our suggestion is not allow yourself to be placed in such a situation and be proactive in resolving any matter with your landlord.
If you have questions about a paper you have been served by our staff there will frequently be a listing on the paper of the attorney or party requesting service and it usually gives the Court date/time/place. Our staff usually knows very little about the paper we serve, it is not because we do not care, but simply we try to minimize our involvement in your business unless it is a criminal matter. We suggest you call an attorney if you have any questions or concerns. Our employees and the staff in the Courthouse are not permitted to give you legal advice.
Call Dispatch for information
816-324-4114