Judgment--content--limit on penalties, fees and interest--notice ofjudgment, requirements (first class charter counties).
141.500. 1. After the trial of the issues, the court shall,as promptly as circumstances permit, render judgment. If thecourt finds that no tax bill upon the land collectible by thecollector or the relator was delinquent when the suit wasinstituted or tried, then the judgment of the court shall be thatthe cause be dismissed as to the parcels of real estate describedin the tax bill; or, if the evidence warrant, the judgment may befor the principal amount of the delinquent tax bills upon thereal estate upon which suit was brought, together with interest,penalties, attorney's and appraiser's fees and costs computed asof the date of the judgment. The judgment may recite the amountof each tax bill, the date when it began to bear interest, andthe rate of such interest, together with the rate and amount ofpenalties, attorney's and appraiser's fees not to exceed fifteendollars. It may decree that the lien upon the parcels of realestate described in the tax bill be foreclosed and such realestate sold by the sheriff, and the cause shall be continued forfurther proceedings, as herein provided.
2. The collector may, at his option, cause to be preparedand sent by restricted, registered or certified mail with postageprepaid, within thirty days after the rendering of such judgment,a brief notice of such judgment and the availability of a writtenredemption contract pursuant to section 141.530 to the personsnamed in the judgment as being the last known persons in whosenames tax bills affecting the respective parcels of real estatedescribed in such judgment were last billed or charged on thebooks of the collector, or the last known owner of record, ifdifferent, and to the addresses of such persons upon the recordsof the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carrieson the face thereof in a conspicuous place, where it will not beobliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt forsuch mail. If the notice is returned to the collector by thepostal authorities as undeliverable for reasons other than therefusal by the addressee to receive and receipt for the notice asshown by the return receipt, then the collector shall make asearch of the records maintained by the county, including thosekept by the recorder of deeds, to discern the name and address ofany person who, from such records, appears as a successor to theperson to whom the original notice was addressed, and to causeanother notice to be mailed to such person. The collector shallprepare and file with the circuit clerk prior to confirmationhearings an affidavit reciting to the court any name, address andserial number of the tract of real estate affected of any suchnotices of judgment that are undeliverable because of anaddressee's refusal to receive and receipt for the same, or ofany notice otherwise nondeliverable by mail, or in the event thatany name or address does not appear on the records of thecollector, then of that fact. The affidavit in addition to therecitals set forth above shall also state reason for thenondelivery of such notice.
(L. 1943 p. 1029 § 24, A.L. 1967 p. 224, A.L. 1982 H.B. 1351, et al.)
Judgment--content--limit on penalties, fees and interest--notice ofjudgment, requirements (first class charter counties).
141.500. 1. After the trial of the issues, the court shall,as promptly as circumstances permit, render judgment. If thecourt finds that no tax bill upon the land collectible by thecollector or the relator was delinquent when the suit wasinstituted or tried, then the judgment of the court shall be thatthe cause be dismissed as to the parcels of real estate describedin the tax bill; or, if the evidence warrant, the judgment may befor the principal amount of the delinquent tax bills upon thereal estate upon which suit was brought, together with interest,penalties, attorney's and appraiser's fees and costs computed asof the date of the judgment. The judgment may recite the amountof each tax bill, the date when it began to bear interest, andthe rate of such interest, together with the rate and amount ofpenalties, attorney's and appraiser's fees not to exceed fifteendollars. It may decree that the lien upon the parcels of realestate described in the tax bill be foreclosed and such realestate sold by the sheriff, and the cause shall be continued forfurther proceedings, as herein provided.
2. The collector may, at his option, cause to be preparedand sent by restricted, registered or certified mail with postageprepaid, within thirty days after the rendering of such judgment,a brief notice of such judgment and the availability of a writtenredemption contract pursuant to section 141.530 to the personsnamed in the judgment as being the last known persons in whosenames tax bills affecting the respective parcels of real estatedescribed in such judgment were last billed or charged on thebooks of the collector, or the last known owner of record, ifdifferent, and to the addresses of such persons upon the recordsof the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carrieson the face thereof in a conspicuous place, where it will not beobliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt forsuch mail. If the notice is returned to the collector by thepostal authorities as undeliverable for reasons other than therefusal by the addressee to receive and receipt for the notice asshown by the return receipt, then the collector shall make asearch of the records maintained by the county, including thosekept by the recorder of deeds, to discern the name and address ofany person who, from such records, appears as a successor to theperson to whom the original notice was addressed, and to causeanother notice to be mailed to such person. The collector shallprepare and file with the circuit clerk prior to confirmationhearings an affidavit reciting to the court any name, address andserial number of the tract of real estate affected of any suchnotices of judgment that are undeliverable because of anaddressee's refusal to receive and receipt for the same, or ofany notice otherwise nondeliverable by mail, or in the event thatany name or address does not appear on the records of thecollector, then of that fact. The affidavit in addition to therecitals set forth above shall also state reason for thenondelivery of such notice.
(L. 1943 p. 1029 § 24, A.L. 1967 p. 224, A.L. 1982 H.B. 1351, et al.)
Judgment--content--limit on penalties, fees and interest--notice ofjudgment, requirements (first class charter counties).
141.500. 1. After the trial of the issues, the court shall,as promptly as circumstances permit, render judgment. If thecourt finds that no tax bill upon the land collectible by thecollector or the relator was delinquent when the suit wasinstituted or tried, then the judgment of the court shall be thatthe cause be dismissed as to the parcels of real estate describedin the tax bill; or, if the evidence warrant, the judgment may befor the principal amount of the delinquent tax bills upon thereal estate upon which suit was brought, together with interest,penalties, attorney's and appraiser's fees and costs computed asof the date of the judgment. The judgment may recite the amountof each tax bill, the date when it began to bear interest, andthe rate of such interest, together with the rate and amount ofpenalties, attorney's and appraiser's fees not to exceed fifteendollars. It may decree that the lien upon the parcels of realestate described in the tax bill be foreclosed and such realestate sold by the sheriff, and the cause shall be continued forfurther proceedings, as herein provided.
2. The collector may, at his option, cause to be preparedand sent by restricted, registered or certified mail with postageprepaid, within thirty days after the rendering of such judgment,a brief notice of such judgment and the availability of a writtenredemption contract pursuant to section 141.530 to the personsnamed in the judgment as being the last known persons in whosenames tax bills affecting the respective parcels of real estatedescribed in such judgment were last billed or charged on thebooks of the collector, or the last known owner of record, ifdifferent, and to the addresses of such persons upon the recordsof the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carrieson the face thereof in a conspicuous place, where it will not beobliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt forsuch mail. If the notice is returned to the collector by thepostal authorities as undeliverable for reasons other than therefusal by the addressee to receive and receipt for the notice asshown by the return receipt, then the collector shall make asearch of the records maintained by the county, including thosekept by the recorder of deeds, to discern the name and address ofany person who, from such records, appears as a successor to theperson to whom the original notice was addressed, and to causeanother notice to be mailed to such person. The collector shallprepare and file with the circuit clerk prior to confirmationhearings an affidavit reciting to the court any name, address andserial number of the tract of real estate affected of any suchnotices of judgment that are undeliverable because of anaddressee's refusal to receive and receipt for the same, or ofany notice otherwise nondeliverable by mail, or in the event thatany name or address does not appear on the records of thecollector, then of that fact. The affidavit in addition to therecitals set forth above shall also state reason for thenondelivery of such notice.
(L. 1943 p. 1029 § 24, A.L. 1967 p. 224, A.L. 1982 H.B. 1351, et al.)
