Podcast
Questions and Answers
What is meant by 'Established Residency'?
What is meant by 'Established Residency'?
- A person legally on a written lease
- A party who has no possessions in the residence
- A landlord's tenant under eviction notice
- Someone who has clothing or personal items in the residence (correct)
What characterizes an 'Eviction Order'?
What characterizes an 'Eviction Order'?
- A formal judgment signed by an Associate Judge (correct)
- An unofficial verbal notice from the landlord
- A notice indicating the landlord's intent without a court order
- A temporary order allowing a tenant to stay
Which statement is true regarding a Licensed General Bail Bond Agent?
Which statement is true regarding a Licensed General Bail Bond Agent?
- They can perform fugitive recovery without special licensing (correct)
- They cannot perform fugitive recovery
- They must work full-time for a surety company
- They are only allowed to handle property bail bonds
What purpose does a 'Notice to Vacate' serve?
What purpose does a 'Notice to Vacate' serve?
What is 'Self-Help Repossession'?
What is 'Self-Help Repossession'?
Which scenario describes 'Repossession'?
Which scenario describes 'Repossession'?
What is a 'Replevin Order'?
What is a 'Replevin Order'?
Which of the following is NOT true about 'Established Residency'?
Which of the following is NOT true about 'Established Residency'?
What is the primary role of a tow truck driver in relation to a secured party's collateral?
What is the primary role of a tow truck driver in relation to a secured party's collateral?
What must a surety recovery agent have to perform the duties of a bail bond agent?
What must a surety recovery agent have to perform the duties of a bail bond agent?
How were surety recovery agents referred to in the past?
How were surety recovery agents referred to in the past?
What is a requirement for sworn members in relation to private bond agents?
What is a requirement for sworn members in relation to private bond agents?
What happens upon default by a debtor to a secured party?
What happens upon default by a debtor to a secured party?
What should members do when they are uncertain about the appropriate action on a civil matter?
What should members do when they are uncertain about the appropriate action on a civil matter?
Which of the following annexes pertains to disputes between landlords and tenants?
Which of the following annexes pertains to disputes between landlords and tenants?
What is the purpose of a replevin order?
What is the purpose of a replevin order?
What is the role of a Bail Bond Agent according to the guidelines?
What is the role of a Bail Bond Agent according to the guidelines?
In which situations should the Office of General Counsel be contacted?
In which situations should the Office of General Counsel be contacted?
What do sworn members of law enforcement need to refrain from doing in relation to private bond agents?
What do sworn members of law enforcement need to refrain from doing in relation to private bond agents?
What is indicated by the term 'civil incidents' in the guidelines?
What is indicated by the term 'civil incidents' in the guidelines?
What is the implication of members having limited authority to act in civil matters?
What is the implication of members having limited authority to act in civil matters?
Which of the following references provides authority for the procedures outlined in the guidelines?
Which of the following references provides authority for the procedures outlined in the guidelines?
What should be done if a bail bond agent is suspected of acting unlawfully?
What should be done if a bail bond agent is suspected of acting unlawfully?
What does the guideline say about performing fugitive recovery?
What does the guideline say about performing fugitive recovery?
What is the time frame within which a lienholder must report a repossession to the Department?
What is the time frame within which a lienholder must report a repossession to the Department?
What primary action must the Criminal Records Unit (CRU) perform upon receiving a repossession notification?
What primary action must the Criminal Records Unit (CRU) perform upon receiving a repossession notification?
What restriction is placed on members regarding repossession situations?
What restriction is placed on members regarding repossession situations?
In a replevin order, what authority is given to county officials?
In a replevin order, what authority is given to county officials?
What is one potential consequence of a member's presence during a repossession?
What is one potential consequence of a member's presence during a repossession?
When it comes to property being repossessed and transported across state lines, what is required?
When it comes to property being repossessed and transported across state lines, what is required?
To whom is the repossession notification typically faxed?
To whom is the repossession notification typically faxed?
What should members do if their presence seems to aid the repossessor?
What should members do if their presence seems to aid the repossessor?
What does the breach of the peace limitation on repossession relate to?
What does the breach of the peace limitation on repossession relate to?
Which of the following actions constitutes a breach of the peace during repossession?
Which of the following actions constitutes a breach of the peace during repossession?
What must be done if a breach of the peace occurs during a Self-Help Repossession?
What must be done if a breach of the peace occurs during a Self-Help Repossession?
Which statement about personal property found in a vehicle being repossessed is accurate?
Which statement about personal property found in a vehicle being repossessed is accurate?
What conditions in repossession make a breach of the peace likely?
What conditions in repossession make a breach of the peace likely?
Which of the following items can be legally repossessed without court action?
Which of the following items can be legally repossessed without court action?
Which action would NOT be considered a breach of peace during repossession?
Which action would NOT be considered a breach of peace during repossession?
What should a creditor do if they encounter potential violence during the repossession process?
What should a creditor do if they encounter potential violence during the repossession process?
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Study Notes
Response to Primarily Civil Incidents
- This procedural instruction outlines guidelines for police response to civil matters in Kansas City, effective from May 12, 2021.
- Officers have limited authority in civil situations and should seek supervisor guidance when uncertain.
Terminology
- Bail Bond Agent: Licensed agents who conduct bail bond business as per RSMo regulations; can perform fugitive recovery.
- Established Residency: Individual with possessions in a residence assumed to be a tenant, even without a written lease.
- Eviction Order: Legal order issued by a judge requiring a tenant to vacate a property.
- Repossession: Creditors reclaiming property from debtors, either through:
- Replevin Order: Court order authorizing possession of property.
- Self-Help Repossession: Creditors reclaim property without court involvement if done peacefully.
- Surety Recovery Agent: Non-sworn individuals tracking and capturing fugitives who violate bail agreements, also known as bounty hunters.
Procedural Guidelines
- Members cannot act as agents for bond recovery; they must maintain a neutral stance in civil matters.
- For vehicle repossession notifications, lienholders must report repossessions to law enforcement within two hours.
- Members should not negotiate between parties or assist in repossessions unless it prevents a breach of peace.
- Replevin Orders, typically executed by county officials, may allow entry onto private property.
Member Restrictions
- Officer presence during repossession might be seen as intimidation and is discouraged.
- A breach of peace includes threats, violence, or any actions disturbing public order.
- In cases of self-help repossession, if peace is breached, repossessors must cease actions and obtain a Replevin Order for future recovery.
Annexes
- The directive includes specific annexes for easy reference:
- Annex A: Guidelines on Bond Agents and Surety Recovery Agents.
- Annex B: Procedures for handling Landlord/Tenant disputes.
- Annex C: Information regarding Replevin Orders and Self-Help Repossession.
- Annex D: Police response protocols for hotel/motel ejections.
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