Judgment records in Missouri are court documents that bear civil judgments issued in legal proceedings. These documents preserve the final decisions of the state courts regarding the obligations of the parties involved in lawsuits.
In Missouri, judgment records are managed by the Missouri judicial branch since they are considered Missouri court records. The records contain information about the parties involved, the court's findings, and the remedy granted, among other details.
What is a Judgment?
According to Rule 74.01 the Missouri Rules of Civil Procedure, a judgment is a decree or order from which an appeal lies. It explicitly states the rights and obligations of each party involved in the case.
In Missouri, only a judge at the court where a lawsuit was filed can render judgments. A judgment is rendered when a writing signed by the judge and designated "judgment" or "decree" is filed. Missouri judgments may be entered on docket sheets or may be separate documents.
Missouri Judgment Laws
Missouri judgment laws govern the issuance, enforcement, and limitations of judgments in the state. These laws can be found under Rule 74 of the Missouri Rules of Civil Procedure. Plaintiffs and defendants must strictly adhere to these laws to avoid compromising their rights or facing further legal action.
What is Judgment Lien?
A judgment lien in Missouri is one of the legal methods endorsed by the Missouri courts that judgment creditors can use to collect judgment awards from debtors. When attached to a debtor's property, the lien allows a creditor to get paid from the sale proceeds of the debtor's real property. A judgment lien recorded in Missouri is valid for ten years.
What is a Missouri Summary Judgment?
A summary judgment in Missouri is a final order entered by the court without a trial. The court can release this judgment when there is no genuine dispute about the material facts of a case, and one side deserves a judgment by law. Parties use the summary judgment procedure to avoid the time and effort of a full trial and to save litigation costs.
What is A Summary Judgment Motion In Missouri?
A motion for a summary judgment is a formal request for the court to render a judgment in one's favor without a trial. The plaintiff or defendant can file this motion. Typically, a party will move for summary judgment to stop a case from proceeding to trial when there are no disputed facts or the other side has no claim or defense.
According to Rule 74.04 of the Missouri Rules of Civil Procedure, the claimant can only file a summary judgment after 30 days have passed from the lawsuit's commencement. The defendant, on the other hand, can move at any time. Rule 74.04(c) states the procedure for filing the motion.
Missouri Judgment Record Search
Using the Case.net system developed by the Missouri judiciary, members of the public can search for judgment records generated by the Missouri courts. However, the public court records retrieved with the system are only from courts that utilize the case management software established by the Missouri Court Automation Committee (MCA).
Although Case.net has several search criteria that can be used to obtain records, the most efficient in retrieving judgment information is the "Judgment Index Search." By providing a case party's last name or business name at the very least, the following judgment information can be viewed:
- The judgment debtor's full name
- Address on file
- Case type
- Filing date
- Circuit and county of filing
- Case number
- Style of case
- Judgment type and date
- Judgment amount
- Satisfied date
Older Missouri judgment records are also accessible to the public via the Missouri State Archives.
How Do I Look Up a Judgment In Missouri?
To look up a judgment in Missouri, an individual can go to the courthouse where the case was heard or use the online Case.net service (as explained above). The Missouri courts directory is available online to find the physical locations of the state courts.
The interested party can obtain physical copies from the court clerk at the courthouse, which usually requires paying a fee. The documents can also be made available electronically or by mail after the requester pays the processing fee.
What Happens if You Have a Judgment Against You in Missouri?
When a judgment is rendered against an individual or business in Missouri, the creditor may try to collect the judgment by executing upon the party's property, bank account, or wages. As such, the debtor's property and assets may be seized, sold, or attached to clear a judgment debt. However, creditors will usually only resort to these methods when a debtor refuses or fails to comply with a judgment.
How Do I Find Out If I Have Any Judgments Against Me In Missouri?
Once there is a court judgment against someone in Missouri, the party the judgment is against is entitled to a mail notice. If this notification is not received, the party can contact the court where the lawsuit was filed to discover if the court entered a judgment.
Alternatively, the individual can search the Case.net system provided by the state judiciary to find out if a judgment has been issued against them.
How Long Does A Judgment Stay On Your Record?
A civil judgment can not be erased from the court records in Missouri, as it is not a criminal record. This stands regardless of if the judgment has been satisfied, released, or discharged.
How To Enforce A Judgment In Missouri
A judgment creditor in Missouri can enforce a judgment with a lien, garnishment, or by levying on the judgment debtor's bank account. Enforcing a judgment means that the creditor will attempt to ensure the satisfaction of the judgment in other ways if the debtor fails to do so voluntarily.
However, enforcement usually requires the court's help, which may be obtained by requesting a writ of execution or garnishment. The Execution Application and Order form is available to creditors seeking judicial assistance in collecting money or property owed to them.
How To Collect A Judgment In Missouri
Missouri provides various avenues through which judgment creditors can collect judgment debts. Because a judgment debtor does not always pay when ordered, a judgment creditor can use the legal procedures at their disposal to collect the judgment.
In Missouri, a judgment can be collected using the following methods:
- Garnishment: Mo. Rev. Stat. § 525.040 allows a creditor to garnish a debtor's personal property, money, rights, credits, bonds, bills, notes, drafts, checks to clear a judgment debt. A creditor can also garnish 25% of the debtor's wages.
- Judgment lien: A creditor can place a judgment lien on a judgment debtor's real property to fulfill a judgment. This allows the creditor to pay the judgment from the sale proceeds of the liened property.
What Happens if a Defendant Does Not Pay a Judgment in Missouri
Defendants who refuse to pay their judgments in Missouri are liable to face certain circumstances. The creditor is empowered by the law to force payment, which could be an awful experience for the defendant.
A defendant who fails to pay a judgment can have a writ of execution issued against them. This writ can allow the creditor to seize and sell their property to collect the judgment. The creditor can also place a lien on the debtor's property to secure payment from the sale proceeds of the debtor's property. Furthermore, the creditor can garnish the debtor's bank account and wages.
More importantly, the longer the defendant delays payment, the more interest accrues.
What Personal Property Can Be Seized in a Judgment in Missouri?
Under Mo. Rev Stat § 513.090, a judgment debtor's gold and silver coins, goods, and chattels can be seized and sold to satisfy a civil judgment in Missouri. Other personal properties subject to attachment and execution include the debtor's rights and shares in the stock of any association, joint-stock company, bank, insurance company, or other corporation.
Missouri Judgment Interest Rate
When a judgment is issued in Missouri, interest accrues at a fixed rate every year. This interest starts accruing from the day the court renders the judgment and continues till the debtor fully pays the judgment creditor.
According to Mo. Rev. Stat. § 408.020, the Missouri judgment interest rate is 9% per annum. This rate is applicable when there is no other rate agreed upon by the parties involved.
What is a Default Judgment?
A default judgment is issued in favor of one other party to a lawsuit (usually the plaintiff) when the other side (the defendant) fails to honor a court summons or plead their case (Mo. R. Civ. P. 74.05). A default judgment can include an award for damages, injunctive relief, or both.
How to File a Motion To Set Aside Default Judgment in Missouri
The Missouri courts can set a default judgment when a defendant has a good reason for a default. Any motion to set aside a default judgment in Missouri must be filed no later than one year from the date of the judgment's entry, and it must be based on the following grounds:
- A mistake.
- That the default was not intentionally or recklessly designed to impede the judicial process.
File Motion To Vacate Judgment in Missouri
In Missouri, a judgment can be vacated (cleared) upon the request of one of the parties to a lawsuit. This request is called a Motion to Vacate a Judgment.
There must be a valid reason for filing a motion to vacate in the state. Failing to base one's motion to vacate upon an acceptable ground may result in a denial. Mo. R. Civ. P. 74.06 highlights these defenses, which include:
- Clerical mistakes in judgment: This includes errors arising from oversight and omission. The court can correct these mistakes at any time at its discretion or upon a litigant's motion;
- Mistake, inadvertence, surprise, or excusable neglect;
- When a judgment is void;
- When the judgment debtor has satisfied a judgment;
- Fraud, misrepresentation, and misconduct of an adverse party.
Note that vacating a judgment means the same as setting it aside in Missouri.
How To Remove An Abstract Of Judgment In Missouri
An abstract of judgment is a legal document issued by the court to publicly record a lien on a judgment debtor's property because of an unpaid judgment. According to Mo. Rev. Stat. § 511.500, this abstract contains:
- Names of the parties to the lawsuit
- The judgment date
- The amount of the debt, costs, and damages
- The satisfaction or other disposition, including any necessary notes.
To remove this abstract of judgment, the debtor must pay what is owed to the creditor. This is because the lien will stay in effect until the judgment becomes invalid or the creditor submits a Satisfaction of Judgment to the court. The Satisfaction of Judgment informs the court that the debtor has cleared the debt.
How Long Is a Judgment Good For In Missouri
Missouri judgments are good for ten years. After this period elapses, the judgment is no longer enforceable. However, judgments can be revived in the state.
Missouri Judgment Statute of Limitations Law
The Missouri judgment statute of limitations law restricts the time within which a judgment can be collected or enforced. This law is outlined in Mo. Rev. Stat. § 516.350. It allows judgment creditors ten years to file an action to collect a judgment. After this, the judgment becomes unenforceable unless revived.
