21-06 Response to Primarily Civil Incidents

Study Notes

This directive provides guidelines and procedures for handling civil matters.
Members have limited authority in civil matters and should contact a supervisor when unsure.
The Office of General Counsel is to be contacted when a member's position is uncertain.

Bail Bond Agent: A surety agent or an agent of a property bail bondsman, licensed pursuant to Sections 374.695 – 374.789 RSMo.
Established Residency: A party who appears to have legitimately established residency in a residence, with possessions in the residence.
Eviction Order: An order with a date of judgment signed by an Associate Judge, allowing a landlord to evict a tenant.
General Bail Bond Agent: A surety agent or a property bail bondsman who devotes at least 50% of their working time to the bail bond business in Missouri.
Notice to Vacate: A written notice by the landlord or tenant to leave the premises of a property within a specified time frame.
Repossession: An action in which a creditor reacquires possession of property with the intent to deprive the debtor of control.
Repossession occurs in two ways:
- Replevin Order: An order signed by an Associate Circuit Judge allowing an individual to claim the right to the possession of the property.
- Self-Help Repossession: Occurs when an agent of a creditor removes property without detection from a public or private place.
Surety Recovery Agent: An individual who tracks down, captures, and surrenders to the custody of a court a fugitive who has violated a bail bond agreement.

Requirements:
- Bond agents and surety recovery agents are governed by the Missouri Department of Insurance.
- They must notify the appropriate law enforcement jurisdiction/authorities before attempting to apprehend an individual.
Restrictions:
- Bond agents and surety recovery agents may not enter a residence without permission.
- They may not assault an individual.
- They may not exercise their rights over the defendant without following proper procedures.

Eviction Order:
- Individuals occupying residential or business property cannot be removed without an eviction order.
- Members will not assist in entry or seizure of property.
Tenant Lock-Out Violations:
- Members may issue a summons if a landlord/agent of the landlord:
  - Excludes a tenant by changing or altering locks.
  - Removes, takes, or secures the tenant's property.
  - Cuts off essential services, including electric, gas, water, or sewer service.

Replevin Order:
- Allows entry onto private property.
- May be served by the appropriate county Sheriff's Deputy or Court Administrator.
Self-Help Repossession:
- May be done without a Replevin Order if it can be done without a breach of the peace.
- A breach of the peace limitation on repossession is only applicable to Self-Help Repossession.

Reasons for Ejection:
- Nonpayment of charges.
- Visible intoxication and disorderly conduct.
- Unlawful purposes.
- Unreasonable danger or risk to others.
- Violation of federal, state, or local laws.
Member Guidelines:
- Members will not take action against an occupant of a hotel/motel without the hotel/motel owner or operator initiating the ejection for a lawful reason.
- Members will accompany the owner or operator on the ejection if requested and take appropriate actions if the party refuses to comply with the ejection.

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