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County to pay legal fees for frivolous lien against sheriff - Kirksville, MO - Kirksville Daily Express
County to pay legal fees for frivolous lien against sheriff - Kirksville, MO - Kirksville Daily Express
By Greg Orear
Daily Express
Tue Nov 18, 2008, 01:48 PM CST
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KIRKSVILLE — The Adair County Commission agreed Monday to pay $2,000 in legal fees to remove a lien against Sheriff Leonard Clark’s farm.
Pat and George Martens filed the $6.5 million lien against Clark’s Adair County farm after he sold five acres of their land on the courthouse steps in June 2006.
Adhering to a circuit court order issued by Judge Russell Steele, Clark sold the property in order to satisfy a debt against the property.
The Martens filed a lawsuit against the Adair County Commission, and placed liens on Clarks and Steele’s property.
Steele said the liens are basically pointless.
“It’s not enforceable at all,” Steele said. “I’m not too worried about it.”
Clark’s attorney, Tim Reuschel, told the Commission that Adair County Prosecutor Mark Williams has filed misdemeanor charges against the Martens for filing a false lien against Clark. The Attorney General could also file felony charges for the lien against Steele.
However, Clark wants to pursue civil action that would remove the lien entirely from his property.
“The criminal charges don’t remove the lien from his property, even if they are found guilty,” Reuschel said. “And if this property is sold in 100 years, this lien will still appear on a title search.”Reuschel doesn’t anticipate a prolonged, expensive legal battle stemming from the civil action.
“Unless these people contest it, and cause a big problem, it will be less than $2,000” Reuschel said. “I hope it will be far less than that.”
Reuschel said in an interview Tuesday morning a state statute allows the court to assess legal fees to the losing party.
“Should the court rule as such, Leonard intends to return those attorney fees to the county,” Reuschel said.
The Commission voted to pay up to $2,000 in fees. If they exceed that cost, Clark and Reuschel would have to request additional funds.
The biggest obstacle in removing the lien may be locating the Martens to serve them notice of the lawsuit. Clark said law enforcement have been looking for them since criminal charges were filed.
“Getting them served might be a problem,” Reuschel said. “Nobody knows where they are.”
Steele meanwhile plans to maintain his course of inaction.
“I’m not doing anything about it,” Steele said. “It’s not valid.”
By Greg Orear
Daily Express
Tue Nov 18, 2008, 01:48 PM CST
Story Tools: Email This Print This
KIRKSVILLE — The Adair County Commission agreed Monday to pay $2,000 in legal fees to remove a lien against Sheriff Leonard Clark’s farm.
Pat and George Martens filed the $6.5 million lien against Clark’s Adair County farm after he sold five acres of their land on the courthouse steps in June 2006.
Adhering to a circuit court order issued by Judge Russell Steele, Clark sold the property in order to satisfy a debt against the property.
The Martens filed a lawsuit against the Adair County Commission, and placed liens on Clarks and Steele’s property.
Steele said the liens are basically pointless.
“It’s not enforceable at all,” Steele said. “I’m not too worried about it.”
Clark’s attorney, Tim Reuschel, told the Commission that Adair County Prosecutor Mark Williams has filed misdemeanor charges against the Martens for filing a false lien against Clark. The Attorney General could also file felony charges for the lien against Steele.
However, Clark wants to pursue civil action that would remove the lien entirely from his property.
“The criminal charges don’t remove the lien from his property, even if they are found guilty,” Reuschel said. “And if this property is sold in 100 years, this lien will still appear on a title search.”Reuschel doesn’t anticipate a prolonged, expensive legal battle stemming from the civil action.
“Unless these people contest it, and cause a big problem, it will be less than $2,000” Reuschel said. “I hope it will be far less than that.”
Reuschel said in an interview Tuesday morning a state statute allows the court to assess legal fees to the losing party.
“Should the court rule as such, Leonard intends to return those attorney fees to the county,” Reuschel said.
The Commission voted to pay up to $2,000 in fees. If they exceed that cost, Clark and Reuschel would have to request additional funds.
The biggest obstacle in removing the lien may be locating the Martens to serve them notice of the lawsuit. Clark said law enforcement have been looking for them since criminal charges were filed.
“Getting them served might be a problem,” Reuschel said. “Nobody knows where they are.”
Steele meanwhile plans to maintain his course of inaction.
“I’m not doing anything about it,” Steele said. “It’s not valid.”
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