FAQ: Using a Consent Order to Skip a Court Hearing and Distribute Sale Proceeds in Missouri

Short answer: Sometimes — but not always. In Missouri, parties can often resolve disputes by submitting a consent order (also called a consent judgment or agreed order) that asks the judge to enter the parties’ agreement as a court order and direct distribution of sale proceeds. However, whether a hearing can be skipped and funds distributed by agreement depends on the type of case, statutory requirements, notice to other claimants or lienholders, and the court’s willingness to approve the agreement.

Detailed answer — how this works under Missouri law

What a consent order is: A consent order is a written agreement signed by the parties and presented to the court for entry. Once a judge signs it, the agreement becomes a court order that can be enforced like any other judgment.

When courts will accept a consent order to distribute sale proceeds:
Courts in Missouri routinely accept consent orders to resolve litigation and to direct the clerk how to disburse funds when the parties’ agreement is lawful and all required parties and claimants have been dealt with. Typical examples include agreement on division of proceeds after a private sale, resolution of a lien dispute by stipulation, or parties in a partition action agreeing how sale money should be distributed and asking the judge to enter that stipulation as an order.

When a hearing cannot be skipped or additional steps are required:
– Statutory requirements: Some statutes require a hearing, confirmation, or specific procedural steps before funds can be disbursed (for example, certain foreclosure or probate distributions, protections for minors or incapacitated persons, or specific lien enforcement provisions). Always check the applicable statutes and court rules before assuming a hearing can be skipped. For Missouri statutes and rules, see the Missouri Revisor of Statutes (https://revisor.mo.gov/) and Missouri Courts (https://www.courts.mo.gov/).

– Notice and claimants: If other parties or lienholders may have rights to the sale proceeds (unknown creditors, recorded lienholders, judgment creditors, taxing authorities), the court will want evidence that those interests are satisfied or that proper notice was given. Courts are unlikely to enter a consent order that defeats the rights of parties who were not given notice or an opportunity to be heard.

– Public-interest protections: The court may require a hearing if the proposed distribution affects public interests or protected classes (for example, settlements involving class members, minor beneficiaries, or guardianship/probate distributions).

– Jurisdiction and finality: If the court already retained jurisdiction over the proceeds (for example, funds are in the court’s registry), the judge may be willing to enter an agreed order to disburse money without a full adversary hearing. If the court has not retained jurisdiction or the action has been dismissed, parties may need to file a motion and show cause why the court should approve the consent order and release funds.

Practical steps to ask the court to accept a consent order for distribution

Identify all possible claimants (lienholders, creditors, taxing authorities, co-owners, heirs, minors, incapacitated persons).
Obtain written releases or written consent from those claimants where possible.
Draft a proposed consent order that clearly describes the sale, the amounts to be disbursed, the payees, and any conditions (e.g., payment of costs, taxes, or liens).
Attach supporting documents: proof of sale, payoff statements, lien releases, notice affidavits, and a proposed form of judgment/order for the court to sign.
File the consent order and any required motion or notice. If statute requires a hearing or additional procedure, follow that process — the court clerk or local rules will usually tell you.
If funds are already in the court registry, request disbursement by filing the consent order and request for disbursement; provide a proposed clerk’s directive for wire or check instructions.
If required, provide notice of the proposed consent order to unknown or absent claimants by publication or other methods specified by statute or local rules.

When the court may refuse a consent order

If the order would violate statute or public policy.
If parties who have legal rights to the funds were not given proper notice.
If the agreement appears to be the product of fraud, coercion, or mistake.
If special protections apply (minors, incapacitated persons, bankruptcy stay, tax liens), the court will likely require additional review or a hearing.

Examples (hypothetical, to illustrate)

Example 1 — Private partition sale: Two co-owners sell a property and agree to split proceeds 60/40. Both sign a written stipulation and file a consent order with the circuit court asking the judge to enter the stipulation and direct the clerk to disburse net proceeds accordingly. If no other claimants exist and the court finds the agreement lawful, the judge can sign the consent order and the clerk can pay without a hearing.

Example 2 — Foreclosure surplus with potential lienholders: The sheriff’s sale produced surplus funds but there are recorded judgment liens and a possible tax claim. The parties draft a consent order, but the court requires notice to all lienholders and a short hearing so the court can confirm all lien claims are resolved before disbursing the surplus. The hearing is scheduled, claims are resolved, and then the court signs the disbursement order.

Enforcement and undoing consent orders

Once the judge signs the consent order, it is enforceable as a court order. A party who believes the order should be set aside can move to vacate the order, but courts generally require a showing of fraud, duress, mistake, or lack of jurisdiction. Time limits for motions to set aside a judgment may apply; act promptly if you believe the order was procured improperly.

Relevant Missouri resources

Missouri Revised Statutes and searchable chapters: https://revisor.mo.gov/
Missouri Courts (procedures, local rules, forms): https://www.courts.mo.gov/

Helpful Hints

Get a lawyer review — consent orders are powerful and, once entered, are difficult to undo.
Make sure every possible claimant is identified and either signs a release or receives proper notice.
Draft the consent order with precise language about amounts, recipients, and timing of disbursement.
Include a clause that the parties waive future claims related to the distributed funds, if that is part of the bargain.
When minors or incapacitated persons are involved, expect the court to require additional protections or a hearing.
Keep records: proof of notice, payoff figures, closing statements, and signed releases should be attached to the filing.
If the funds are large or complicated (multiple lien priorities, tax implications), use escrow or a court registry order to avoid disputes.

Next steps if this affects you: Review the files to see who might have claims on the proceeds. If you want to pursue a consent order, prepare a proposed order and supporting documentation and ask the clerk or a civil clerk’s office whether a hearing is required in your county. Because local practices and statutory details matter, consult a Missouri attorney to draft and submit the consent order and to confirm whether a hearing or special notices are required.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri attorney.