- Who sends it
- The circuit court clerk issues it on the new owner's sworn complaint, and the sheriff or another officer serves it
- What it starts
- A court date no more than 21 business days after the summons is issued, served at least 4 days before
- Do this first
- Write down the court date and place, plan to attend, and apply for legal aid today
What this document is in Missouri
The new owner files a written, signed and sworn complaint in the circuit court of the county, and the clerk issues a summons directed to the sheriff to bring you to court on a set day (RSMo § 534.070). These cases are usually heard by an associate circuit judge, on the record (RSMo § 534.060).
After a foreclosure, it follows the written notice of foreclosure and demand for possession, or for a renter, the Notice to Occupant Following Foreclosure.
What it does and does not mean
- It is not an eviction yet. You can be removed only after a judgment and an order to restore possession.
- The court will not decide who holds title. RSMo § 534.210 says the merits of the title cannot be inquired into in this case. If you think the sale was wrong, that usually takes a separate lawsuit.
- If the owner wins, the judgment can award possession plus double the damages and double the monthly rental value from a set date until you leave, with costs (RSMo § 534.330).
- If the summons could not be served in the usual way and was posted and mailed instead, the judge can still hear the case, but cannot give the owner a money judgment against you by default (RSMo § 534.090).
The deadlines it starts and how to count them
- Court date: no more than 21 business days after the summons is issued, unless the owner agreed in writing to a later date when filing (RSMo § 534.070).
- Service: the summons must be served at least 4 days before the court date (RSMo § 534.090). If it was served later, tell the judge.
- After judgment: an order restoring possession cannot be issued sooner than 10 days after the judgment (RSMo § 534.350).
- Appeal: the order is put on hold during an appeal only if you post an appeal bond within the time to appeal. The bond is for the amount of the judgment and requires you to prevent waste and pay accruing rent into court within 10 days after it is due (RSMo §§ 534.350, 534.380).
- The court must send a copy of a final judgment for the owner to the local law enforcement agency within 2 business days (RSMo § 534.330(2)).
See what happens after a Missouri foreclosure sale for the full timeline.
What to do this week
- Find the court, date and time on the summons. Arrive early.
- Bring the notice and demand you got, the foreclosure sale papers, any notice of intent to redeem and bond papers, and any agreement with the new owner.
- Apply for free legal aid today through Missouri Legal Services' Applying for Legal Aid page. Missouri Free Legal Answers says it cannot promise an answer before a court date.
- If you plan to move, ask the owner in writing whether it will agree to a move-out date, and bring that to court.
- Ask the trustee about any surplus from the sale. See Missouri foreclosure surplus funds.
Free help in Missouri
Missouri has four free legal aid programs: Legal Services of Eastern Missouri, Legal Aid of Western Missouri, Mid-Missouri Legal Services and Legal Services of Southern Missouri. The Missouri Bar's LawyerSearch lists lawyers taking new clients. The Missouri foreclosure help page lists more.
The rest of the Missouri process
See how foreclosure works in Missouri, the timeline, ways to stop it and free help in Missouri, or read the national guide to this letter.
Common questions
Can I argue in a Missouri eviction case that the foreclosure was wrong?
Not usually. RSMo § 534.210 says the merits of title cannot be inquired into in an unlawful detainer case. If you think the sale itself was improper, talk to legal aid or a lawyer about a separate lawsuit quickly.
How soon can I be removed after a Missouri eviction judgment?
The order to restore possession cannot be issued sooner than 10 days after the judgment, and it is stayed during an appeal if you post an appeal bond (RSMo § 534.350).
When is my Missouri eviction court date?
The summons gives a date that must be no more than 21 business days after it was issued, unless the owner agreed in writing to a later date (RSMo § 534.070). It must be served on you at least 4 days before that date (RSMo § 534.090).
Other Missouri letters
- Notice of Trustee's SaleIn Missouri, this certified letter is often the only foreclosure notice the law requires. The sale can be held as soon as 20 days after it is mailed, whether or not you pick it up. It is also your cue to send a notice of intent to redeem if you may want to buy the home back.
- Notice of Intent to Redeem (and redemption bond)Missouri has an unusual one-year right to buy your home back, but only if the lender (or someone buying for it) buys at the sale. To keep that right, you must give the trustee written notice of your intent to redeem at the sale or within 10 days before it, then get a bond approved by the circuit court within 20 days after the sale.
- Trustee's Deed (or Certificate of Sale)After a Missouri trustee's sale, the trustee gives the buyer a trustee's deed, which usually ends your rights in the home. If you gave notice of intent to redeem and a bond was approved, the buyer gets a certificate of sale instead, and the deed waits until your one-year redemption time runs out. Neither one is an eviction order.
- Written Notice of Foreclosure and Demand for PossessionAfter a Missouri foreclosure sale, the new owner must give you written notice of the foreclosure and a written demand to give up the home before it can file an unlawful detainer case. Missouri law sets no minimum number of days for a former owner. It is not a court order, and no one can remove you without one.
- Notice to Occupant Following ForeclosureIf you rented a Missouri home that was sold at a trustee's foreclosure sale, the new owner must send you this notice before it can try to remove you. No eviction case can be filed until at least 10 business days after the date of the notice. Staying does not make you the new owner's tenant unless you sign a new agreement.
Sources
- RSMo § 534.070 (complaint and summons, court date)
- RSMo § 534.090 (service of summons)
- RSMo § 534.060 (associate circuit judges; heard on the record)
- RSMo § 534.210 (merits of title not inquired into)
- RSMo § 534.330 (judgment for complainant)
- RSMo § 534.350 (execution, when issued)
- RSMo § 534.380 (judgment stay for appeals, bond)
- Missouri Legal Services: Applying for Legal Aid