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Civil Process


Structure

The Sheriff is legally required to maintain a Civil Process Division. The Civil Process Division is commanded by a lieutenant. A sergeant supervises the commissioned deputies who are assigned the duty of process service. A civilian supervisor oversees a support staff of record clerks.

Purpose
The primary duty of this Division is service of court documents within the boundaries of St. Charles County. Recoupment payments are also collected by this office.

Some of the various types of court documents processed include: summons, subpoenas classified as civil or criminal, landlord-tenant actions, child support notices, ex-parte orders of protection, and notices of hearing, juvenile summons and subpoenas, probate notices, garnishments, eviction orders, replevin actions, general executions and attachments.

All documents are served pursuant to the laws governing service of process within the state of Missouri, which can be found in Rules of Civil Procedure - Rule 54.

Process
In order to be accepted for service, documents issued by the court must have a court seal and signature of the court clerk or judge. Documents may be sent or brought to our office in order to be processed. Pursuant to RSMO 57.280 the Sheriff is authorized fees for service of process. This office requires pre-payment.

Fees
Please call our office at 636.949.3010 and follow phone menu instructions for the proper clerk to quote your fee.  You may also request e-mail addresses from a staff member in order to obtain your fees via e-mail.

The following information is needed for a fee quote:
The type of paper to be served, how many parties are to be served, and a valid residential or employment address for service. Please staple your cashier's check, law firm/business checks or money order to the documents. Make all forms of payment payable to Sheriff St. Charles County. If delivered in person you may pay with cash.

 
Address to:
St. Charles County Sheriff Department
Civil Process Division
101 Sheriff Dierker Court
O'Fallon, MO  63366
Please mail all documents immediately. There are legal time limits the Sheriff must follow in order for service to be valid and for your to obtain a court judgment on your case. For example, most summons and posting must be completed a full 10 days before the court date. Landlord matters require service 4 days prior to court.  Ex Parte orders 3 days prior to court hearing. Failure to provide Civil Process adequate time to process your document, or sending improper fees will result in the documents being returned to you for corrections and delay your court date.

Recoupment Payments

Recoupment payments are accepted via mail from local probation/parole agencies. Individuals choosing to pay in person must bring their court order of probation along with payment to our office during regular business hours. Payment must be in the form of cash, cashier's check or money order.

Garnishment/Execution Exemption Claim

A garnishment is issued by the court to collect monies owed on a debt after judgment has been granted in favor of the plaintiff. This document can be in the form of a wage or bank account garnishment, which orders the Garnishee (your employer/bank representative) to begin the collection of monies to pay the debt.

General Executions order the seizing of your personal or real property, after a judgment has been granted in favor of the plaintiff. Your property is then sold by the Sheriff conducting a sale allowing interested bidders to bid for the property.

Certain property is exempt under statute please refer to Missouri Revised Statutes RSMO 513.430 and 513.440. Missouri Supreme Court Rule 76.075 allows a debtor to claim exemption generally within 20 days after service has been completed. Please contact this office for assistance and procedural information. We cannot provide legal advice; you must consult your attorney for guidance.

SPECIAL ACTIONS

General Executions/Replevins

These court orders allow the Sheriff to seize your personal or real property in order to resolve a monetary or property judgment awarded by the court. Pursuant to RSMO 57.280 this office requires a financial responsibility waiver (visit or contact Civil Process to obtain) to accompany any general executions requesting vehicle seizures. If real property is placed under levy a separate check is required for recording of the levy.

Evictions

Once a judgment is rendered under a Landlord-Tenant or Unlawful Detainer Action there is generally a 10 day appeal time limit that must pass before the Sheriff can assist in the eviction. A request must be made to the court to obtain a Rent and Possession Execution for eviction process to begin. View our frequently asked questions about evictions.

Service Information

In order to know if your document has been served you may either call our office during regular business hours or check the Missouri Courts record system at Missouri Case Net.

  Contact Information:
St. Charles County Sheriff Department
Civil Process Division
101 Sheriff Dierker Court
O'Fallon, MO 63366
Phone: 636.949.3010
Business hours: 8:00 a.m. to 5:00 p.m. -  Monday thru Friday
   
 
tneer
Tom Neer
Sheriff
 
101 Sheriff Dierker Ct
O'Fallon, MO 63366
 
Ph: 636.949.0809
Fx: 636.949.3078
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Office Hours:
Monday - Friday
8 a.m. - 5 p.m.
 
 
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