Fillable Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
16
TH
JUDICIAL CIRCUIT, STATE OF MISSOURI
In re: Extension of Suspension of Issuance and Enforcement of Writs of Restitution,
Writs of Replevin, Writs of Attachment, Writs of Garnishment and any other
Writs of Execution
Administrative Order No. 2020-____
ORDER
WHEREAS, the Centers for Disease Control and Prevention have declared that
the spread of COVID-19 has become a worldwide pandemic; and
WHEREAS, the State of Missouri, Jackson County and various Mayors of cities in
Jackson County have previously entered stay at home Orders and other emergency
Orders requiring residents to remain at home except for activities essential to health and
safety, and requiring businesses to cease operations unless they are considered essential
businesses; and
WHEREAS, the previously entered stay at home Orders and emergency Orders
have been lifted or terminated and have been replaced with Orders allowing for the
phased and gradual re-opening of society, businesses and communities, while also
including restrictions to minimize the potential spread of COVID-19; and
WHEREAS, the Missouri Supreme Court has issued several Orders regarding
court operations, the most recent of which includes Operational Directives related not
only to considering strategies to prevent the spread of COVID-19, but also directives
toward easing restrictions related to court operations, with a clear intent to move toward
more complete court operations; and
WHEREAS, the Coronavirus Aid, Relief and Economics Security Act (“CARES
Act”) was enacted as part of the laws of the United States; and
WHEREAS, the CARES Act placed a temporary moratorium on certain legal
actions to recover possession of specifically described covered dwellings for the
nonpayment of rent for the 120 day period ending on July 25, 2020; and
WHEREAS, it is necessary to determine if a dwelling is subject to the temporary
moratorium established by the CARES Act; and
WHEREAS, circumstances regarding COVID-19 have changed dramatically since
the Court’s issuance of prior Administrative Orders related to the suspension of the
082
issuance of certain identified writs including replevin, attachment, garnishment, eviction
and execution. As a result of these changed circumstances, it is proper to again extend
the current suspension of issuance of said writs for a short period of time, recognizing
however the clear intent of the Missouri Supreme Court, the State of Missouri and Jackson
County to begin re-opening society, businesses and communities and resume more
complete operations; and
WHEREAS, it is imperative that the Court take steps to protect the health and
safety of the 16
th
Judicial Circuit, all judicial officers, all employees, all parties with
business before the Court and all members of the general public; and
WHEREAS, pursuant to Section 478.240.2 R.S.Mo. and Section 15 of the Missouri
Constitution, the Presiding Judge has general administrative authority over all judicial
personnel and court officials in the Circuit.
IT IS, THEREFORE, ORDERED THAT:
1. The Court Clerk is directed to delay issuing writs of restitution, writs of
replevin, writs of attachment, writs of garnishment and any other writ of execution not
specified in this Order up through and including the end of the day on Sunday, May 31,
2020, and the Director of Civil Process is directed to refrain from executing any pending
writs of restitution, writs of replevin, writs of attachment, writs of garnishment and any
other writ of execution not otherwise specified in this Order up through and including
the end of the day on Sunday, May 31, 2020. Unless the gradual re-opening of society,
businesses and communities pursuant to the current “re-opening” plans results in a
significant elevation of COVID-19 infections, regression in the return to normal
operations or other significant changes in circumstances that would warrant an extension
of this stay of issuance of writs, service and execution of said writs may commence after
the date set forth hereinabove, provided however that the verification referenced in
paragraph 2 below has been filed with the Court.
2. Beginning on the date of this Administrative Order and continuing until
July 25, 2020, before any existing, pending, previously filed or newly filed writ of
execution seeking to recover possession of covered dwellings for the nonpayment of rent
may be issued and/or served, a verification of compliance with the CARES Act, in
substantially the same form/format attached hereto, shall be completed and filed with
the Court in the casefile. No writ of execution to recover possession of covered dwellings
for the nonpayment of rent will be served and/or executed unless and until a completed
verification of compliance is filed.
3. This Administrative Order supersedes prior Administrative Orders 2020-
062 and 2020-072.
IT IS SO ORDERED.
May 7, 2020 _________________________________
Date David M. Byrn, Presiding Judge
cc: Court Administrator
All 16
th
Circuit Judges and Commissioners
Deputy Court Administrator - Family Court
Deputy Court Administrator – Circuit Court/Jury Supervisor
Director, Civil Process
Director, Civil Records
Legal Counsel
County Executive
County Legislators
County Administrator
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
Plaintiff
Defendant Case Number
Attorney Name, Address, Bar#
VERIFICATION OF COMPLIANCE WITH CARES ACT
NOW COMES the Plaintiff and states as follows:
The plaintiff is seeking to recover possession of the following described premises:
The undersigned has reviewed Section 4024 of Public Law 116-136, the Coronavirus Aid, Relief and Economic
Security Act (the CARES Act), and herby certifies that the above listed premises is not subject to the CARES Act
moratorium because:
☐The premises is not a covered dwelling as defined by Sec. 4024(a)(1) of the CARES Act; or
☐The premises is a covered dwelling as defined by Sec. 4024(a)(1) of the CARES Act and the case was initiated
prior to March 27, 2020 and the plaintiff is not seeking to charge fees, penalties, or other charges related to
nonpayment of rent ; or
☐The premises is a covered dwelling as defined by Sec. 4024(a) (1) of the CARES Act and the plaintiff does not
seek possession of the dwelling based upon the nonpayment of rent or other fees.
I declare under the penalties of perjury that this verification has been examined by me and that its contents
are true to the best of my information, knowledge, and belief.
______________________ ____________________________________
Date Plaintiff/Attorney
CARES ACT
Public Law 116-136
Explanation of Terms
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—in this section:
(1) COVERED DWELLING. — The term “covered dwelling” means a dwelling that—
(A) is occupied by a tenant— (i) pursuant to a residential lease; or (ii) without a lease or with a lease terminable under
State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term “covered property” means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term “dwelling”—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and
dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other
than temporary financing such as a construction loan) that —
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and
cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the Secretary
of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage
loan” includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of
5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan
secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the Secretary
of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
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Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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Completed 11 June 2021

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