☰ Revisor of Missouri

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 535

Effective - 28 Aug 2018, 3 histories bottom

  535.030.  Service of summons — court date included in summons. — 1.  Such summons shall be served as in other civil cases at least four days before the court date in the summons.  The summons shall include a court date which shall not be more than twenty-one business days from the date the summons is issued unless at the time of filing the affidavit the plaintiff or plaintiff's attorney consents in writing to a later date.

  2.  In addition to attempted personal service, the plaintiff may request, and thereupon the clerk of the court shall make an order directing that the officer, or other person empowered to execute the summons, shall also serve the same by securely affixing a copy of such summons and the complaint in a conspicuous place on the dwelling of the premises in question at least ten days before the court date in such summons, and by also mailing a copy of the summons and complaint to the defendant at the defendant's last known address by ordinary mail at least ten days before the court date.  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 at the request of the plaintiff 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 no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure set forth in this section.

  3.  If the plaintiff does not request service of the original summons by posting and mailing as provided in subsection 2 of this section, and if the officer, or other person empowered to execute the summons, makes return that the defendant is not found, or that the defendant has absconded or vacated the defendant's usual place of abode in this state, the plaintiff may request the issuance of an alias summons and service of the same by posting and mailing in the time and manner provided in subsection 2 of this section.  In addition, the plaintiff or an agent of the plaintiff who is at least eighteen years of age may serve the summons by posting and mailing a copy of the summons in the time and manner provided in subsection 2 of this section.  Upon proof by affidavit of the posting and of the mailing of a copy of the summons or alias summons and the 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 no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure provided in subsection 2 of this section.

  4.  The defendant has ten days from the date of the judgment to file a motion to set aside the judgment or to file an application for a trial de novo and unless the judgment is set aside or an application for a trial de novo is filed within ten days, the judgment for possession will become final and the defendant will be subject to eviction from the premises without further notice.  On the date judgment is rendered if the defendant is in default, the clerk of the court shall mail to the defendant at the defendant's last known address by ordinary mail a notice informing the defendant of the foregoing.

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(RSMo 1939 § 2995, A.L. 1947 V. II p. 283, A.L. 1971 H.B. 98, A.L. 1972 S.B. 460, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175, A.L. 1986 S.B. 741, A.L. 1991 H.B. 549, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211, A.L. 2009 H.B. 481, A.L. 2014 H.B. 1410 merged with S.B. 655, A.L. 2016 H.B. 1862, A.L. 2018 S.B. 581)

Prior revisions: 1929 § 2608; 1919 § 6902; 1909 § 7905


---- end of effective   28 Aug 2018 ----

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535.030 8/28/2018
535.030 8/28/2016 8/28/2018
535.030 8/28/2014 8/28/2016

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