Section 534.090

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 534

Effective - 28 Aug 2005   

  534.090.  Serving of summons — service by mail — publication of notice. — 1.  Such summons shall be served as in other civil cases at least four days before the court date specified in such summons.

  2.  If the summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against the defendant and to make an order directing that a copy of the summons be delivered to the defendant at the defendant's last known address by ordinary mail.  If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his or her usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and complaint, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and ordinary mail procedure set forth in this section.  If such summons is returned executed, then the judge shall set the case on the next available court date.

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(RSMo 1939 § 2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L. 1972 S.B. 482, A.L. 1978 H.B. 1634, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2005 S.B. 420 & 344)

Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662