21-06 Response to Primarily Civil Incidents

Response to Primarily Civil Incidents

• 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.

Terminology

• 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.

Bond Agent and Surety Recovery Agent

• 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.

Landlord/Tenant Disputes

• 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 and Self-Help Repossession

• 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.

Police Response to Hotel/Motel Ejections

• 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.