535.030. Service of summons--court date included in summons. - Missouri Statutes

Service of summons--court date included in summons.

535.030. 1. Such summons shall be served as in other civil cases atleast four days before the court date in the summons. The summons shallinclude a court date which shall not be more than twenty-one business daysfrom the date the summons is issued unless at the time of filing theaffidavit the plaintiff or plaintiff's attorney consents in writing to alater date.

2. In addition to attempted personal service, the plaintiff mayrequest, and thereupon the clerk of the court shall make an order directingthat the officer, or other person empowered to execute the summons, shallalso serve the same by securely affixing a copy of such summons and thecomplaint in a conspicuous place on the dwelling of the premises inquestion at least ten days before the court date in such summons, and byalso mailing a copy of the summons and complaint to the defendant at thedefendant's last known address by ordinary mail at least ten days beforethe court date. If the officer, or other person empowered to execute thesummons, shall return that the defendant is not found, or that thedefendant has absconded or vacated his or her usual place of abode in thisstate, and if proof be made by affidavit of the posting and of the mailingof a copy of the summons and complaint, the judge shall at the request ofthe plaintiff proceed to hear the case as if there had been personalservice, and judgment shall be rendered and proceedings had as in othercases, except that no money judgment shall be granted the plaintiff wherethe defendant is in default and service is by the posting and mailingprocedure set forth in this section.

3. If the plaintiff does not request service of the original summonsby posting and mailing as provided in subsection 2 of this section, and ifthe officer, or other person empowered to execute the summons, makes returnthat the defendant is not found, or that the defendant has absconded orvacated the defendant's usual place of abode in this state, the plaintiffmay request the issuance of an alias summons and service of the same byposting and mailing in the time and manner provided in subsection 2 of thissection. In addition, the plaintiff or an agent of the plaintiff who is atleast eighteen years of age may serve the summons by posting and mailing acopy of the summons in the time and manner provided in subsection 2 of thissection. Upon proof by affidavit of the posting and of the mailing of acopy of the summons or alias summons and the complaint, the judge shallproceed to hear the case as if there had been personal service, andjudgment shall be rendered and proceedings had as in other cases, exceptthat no money judgment shall be granted the plaintiff where the defendantis in default and service is by the posting and mailing procedure providedin subsection 2 of this section.

4. On the date judgment is rendered as provided in this section wherethe defendant is in default, the clerk of the court shall mail to thedefendant at the defendant's last known address by ordinary mail a noticeinforming the defendant of the judgment and the date it was entered, andstating that the defendant has ten days from the date of the judgment tofile a motion to set aside the judgment or to file an application for atrial de novo in the circuit court, as the case may be, and that unless thejudgment is set aside or an application for a trial de novo is filed withinten days, the judgment will become final and the defendant will be subjectto eviction from the premises without further notice.

(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)

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