Section 375.261

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 2008   

  375.261.  Service of process — procedure. — 1.  Service of process as provided herein shall be made by delivery of two copies of the summons, with copies of the petition thereto attached, to the director, or in his or her absence to the deputy director of the department, or in the absence of both the director and deputy director, to the chief clerk of the department, at the office of the director of the department of commerce and insurance of this state at Jefferson City, Missouri.  The director shall forthwith mail by certified mail, with return receipt requested, one of the copies of the summons, with petition thereto attached, to the defendant at its last known principal place of business, and shall keep a record of all process so served upon the director, deputy director or chief clerk, and the date of service, and the return receipt showing delivery thereof to the defendant shall be filed therewith.

  2.  The director, upon receiving the return receipt, shall so certify the fact to the clerk of the court in which the action is pending.  The service of process shall be deemed sufficient provided notice of service, and a copy of the summons, with a copy of plaintiff's petition thereto attached, are sent certified mail, with return receipt requested, within ten days after service of process upon the director, or his or her deputy or chief clerk, as aforesaid, by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the return receipt therefor issued by the post office and the affidavit of plaintiff or plaintiff's attorney showing compliance with the aforesaid provisions are filed in the office of the clerk of the court in which the action is pending on or before the date the defendant is required to appear and defend the cause of action.

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(L. 1951 p. 276 § 375.161, A.L. 1967 p. 516, A.L. 2008 S.B. 788)