Effective - 28 Aug 1939
533.020. Order of delivery. — Upon filing such affidavit, the court, or judge or clerk in vacation, shall make an order requiring the defendant to deliver the property specified in the affidavit to the sheriff, and requiring the sheriff, if the same be not delivered to him, to take it from the defendant and deliver it to the plaintiff.
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(RSMo 1939 § 1789)
Prior revisions: 1929 § 1625; 1919 § 2073; 1909 § 2638
(1974) Held, this section is not unconstitutional under Fuentes v. Florida and subsequent hearing in the replevin action satisfies due process. Associates Financial Services Company, Inc. v. Salky (A.), 510 S.W.2d 41.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 533.010 - Action to recover specific personal property, procedure.
Section 533.020 - Order of delivery.
Section 533.040 - Sheriff to take and deliver property to plaintiff unless bond given.
Section 533.050 - Qualifications of sureties.
Section 533.060 - Defendant not entitled to retain property, when.
Section 533.070 - Bonds taken by sheriff, filed with clerk, when.
Section 533.100 - When order in sections 533.080 and 533.090 is made, duty of clerk.
Section 533.120 - Judgment rendered against plaintiff and his sureties, when.
Section 533.130 - If plaintiff has not property, assessment of damages.
Section 533.140 - If defendant fails in his defense — assessment of damages.
Section 533.150 - Party to elect, when.
Section 533.160 - Duty of officer if property not delivered in ten days.
Section 533.170 - Title of property vested, when.
Section 533.180 - Enforcement of orders.
Section 533.190 - Suit on bond, how and by whom brought.
Section 533.200 - Right of action against sheriff barred, when.
Section 533.210 - Court to allow charges for taking and delivering property.
Section 533.220 - Sheriff and sureties liable, when.
Section 533.230 - Issuance of execution — to whom directed.