92.745. Action in rem, pleadings, failure to answer, effect of. - Missouri Statutes

Action in rem, pleadings, failure to answer, effect of.

92.745. 1. The foregoing proceeding or suit shallconstitute an action in rem, and the pleadings therein shallconsist of a petition and an answer or answers.

2. An answer may be filed by any person or taxing authorityowning or claiming any right, title or interest in or to any taxbill constituting a tax lien on the real estate described in thepetition, or by any person owning or claiming any right, title,or interest in or to, or lien upon, such real estate. An answershall include the nature and amount of the interest and anydefense or objection to the foreclosure of the tax liens listedin the petition, and may include the allegations usuallyincorporated in pleadings entitled cross-petitions,cross-complaints, interpleas, or intervening petition.

3. All pleadings must be brief, clear and concise, and shallbe liberally construed by the court. Any such answer shallcontain the caption and number of the case, and the serial numberor numbers of the parcels of real estate concerned. Such answermust be filed with the circuit clerk and a copy thereof served onthe collector not later than sixty calendar days after the dateof the first publication of the notice of foreclosure, and ifsuch sixtieth day falls on a Sunday or legal holiday, then suchanswer may be filed on the day after such Sunday or legalholiday.

4. In the event of failure to answer within the time hereinfixed, a default judgment may be taken as to all tax billsaffecting parcels of real estate as to which no answer has beenfiled.

(L. 1971 H.B. 472 § 10)