Setting Aside a Missouri Rent Judgment
Setting aside a Missouri rent judgment typically occurs for one of two reasons. One reason is that the judgment was entered even though the tenant was not properly served with the summons and petition. The other reason is that, although the tenant was properly served with summons and petition, the tenant has a good excuse for failing to appear in court when required.
After a landlord files a petition for rent and possession, the court clerk will issue a summons to each defendant, directing them to appear in court at the time and date stated in the summons. If a defendant is personally served with the summons and petition, then the landlord can obtain a judgment for both rent and eviction of the defendant. Personal service means that either a sheriff’s deputy or a person appointed by the court, called a special process server, hands the summons and petition to the defendant. If the defendant refuses to accept the offered summons and petition, then the server can simply drop the documents at the feet of the defendant, which is just as good as placing it in their hands. The server can also leave the summons and petition at the tenant’s residence with a relative of the tenant, who is older than 15 years of age. (If the tenant is not personally served, but the sheriff or process server posts the summons and petition on the door of the premises, and mails the summons and petition to that address, then the landlord can obtain a judgment for eviction, but not for rent.)
A judgment entered for rent without personal service may be set aside at any time upon evidence that persuades the judge that the defendant was not personally served. However, if the tenant was personally served but missed a court date, then setting aside a Missouri judgment requires the tenant to persuade the judge that the tenant has a “meritorious defense” and “good cause” for missing the court date. A meritorious defense generally means that the tenant can articulate a plausible defense to the allegations in the landlord’s petition. One plausible defense might be that the tenant has paid all or some of the rent claimed to be past due. Another might be that the landlord breached the lease by failing to properly maintain the property. Good cause generally means that the tenant missed the court date by mistake or for reasons beyond their control, such as a medical condition. Whether the reason given for missing a court date is convincing enough to set aside a default judgment is up to the judge.
A motion to set aside a default judgment for good cause must be filed within a reasonable time, but not more than one year from the date of the judgment. What constitutes a reasonable time usually depends on when the defendant learned about the default judgment or when they should have become ware of it.
Setting aside a Missouri rent judgment does not mean that the case is dismissed. Rather, if the judgment is set aside because the defendant was not personally served with summons and petition, then the landlord must usually continue to attempt to obtain personal service if the landlord still wants to pursue a money judgment. Once the defendant is personally served, or if the defendant waives the requirement of personal service, then the lawsuit marches on and the defendant must defend against the allegations asserted in the petition. On the other hand, if setting aside a Missouri rent judgment was done because the tenant had “good cause” for missing the court date, then the lawsuit simply picks up where it left off.
Service of summons and petition is a fundamental requirement in any lawsuit. Making sure it was done properly is important to obtaining a judgment that will withstand a potential challenge down the road.
This article is for general informational purposes only. It is not intended as legal advice.
Sewell Law, LC provides legal counsel and representation in business and real estate matters. Please contact Michael Sewell at (314) 942-3232 or at michael@sewelllaw.net to discuss your legal issues.
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