Section 533.030

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 533

Effective - 28 Aug 1982   

  533.030.  Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements. — 1.  The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sheriff, to the effect that they are bound to the defendant in double the value of the property stated in the affidavit, for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for the taking and detention thereof, and for all costs which may accrue in the action.

  2.  A financial institution or any person, firm or corporation may pledge United States government and agency securities which are bearer bonds or bearer securities as a replevin bond required by this chapter.  The securities so pledged shall not be subject to any other charge or lien and shall be separately segregated in another depository institution that is authorized to hold securities for safekeeping.

  3.  The court and sheriff, having jurisdiction as provided for in this chapter, shall accept affidavits as a bond, in the following form:

  (1)  The style of the case by cause number;

  (2)  The dollar amount of the bond;

  (3)  The depository institution that will hold the securities as required by subsections 2 and 3 of this section and include an affidavit from such depository institution showing receipt of the securities and compliance with this requirement; and

  (4)  A statement that the financial institution or any person, firm or corporation will prosecute the action without delay.  In the event of delay, section 533.110 shall control.

  4.  A financial institution or any person, firm or corporation filing a replevin bond and affidavit as required by subsection 2 shall:

  (1)  Return the property, if the return shall be required by a court judgment, and in default of such delivery pay, if required by court order: the assessed value of the property, all damages for the taking and detention thereof, and/or all costs that may accrue in this action; and

  (2)  A final decision of the court dismissing this case or payment of expense as provided for in section 533.120 shall render this bond and affidavit void and otherwise unenforceable.

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(RSMo 1939 § 1790, A.L. 1982 H.B. 1289)

Prior revisions: 1929 § 1626; 1919 § 2074; 1909 § 2639