Service of summons
When someone is being taken to court over a rental property (like an eviction case), they have to be given official notice called a summons. That summons must be delivered at least four days before the court date, and the court date must be within 21 business days of when the summons was issued. If the person cannot be found in person, the summons can instead be posted on the door of the property and mailed to their last known address at least ten days before the court date. If that posting and mailing method is used and the person does not show up, the judge can still hear the case, but cannot order the person to pay money. If a judgment is made against someone who did not show up, that person has ten days to ask the court to undo it — otherwise the judgment becomes final and they can be removed from the property.
535.030. of — court date included in summons. — 1. Such summons shall be as in other 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 the the or plaintiff's attorney consents in writing to a later date.
2. In addition to attempted , the plaintiff may request, and thereupon the shall make an 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 in a on the of the 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 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 that the defendant is not found, or that the defendant has or his or her usual place of in this state, and if be made by affidavit of the 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 shall be rendered and proceedings had as in other cases, except that no shall be granted the plaintiff where the defendant is in 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 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 of an 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 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 the judgment or to file an for a and unless the judgment is or an application for a trial de novo is filed within ten days, the will become and the defendant will be subject to 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.
(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
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.