Effective - 28 Aug 1982
533.030. Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements. — 1. The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sheriff, to the effect that they are bound to the defendant in double the value of the property stated in the affidavit, for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for the taking and detention thereof, and for all costs which may accrue in the action.
2. A financial institution or any person, firm or corporation may pledge United States government and agency securities which are bearer bonds or bearer securities as a replevin bond required by this chapter. The securities so pledged shall not be subject to any other charge or lien and shall be separately segregated in another depository institution that is authorized to hold securities for safekeeping.
3. The court and sheriff, having jurisdiction as provided for in this chapter, shall accept affidavits as a bond, in the following form:
(1) The style of the case by cause number;
(2) The dollar amount of the bond;
(3) The depository institution that will hold the securities as required by subsections 2 and 3 of this section and include an affidavit from such depository institution showing receipt of the securities and compliance with this requirement; and
(4) A statement that the financial institution or any person, firm or corporation will prosecute the action without delay. In the event of delay, section 533.110 shall control.
4. A financial institution or any person, firm or corporation filing a replevin bond and affidavit as required by subsection 2 shall:
(1) Return the property, if the return shall be required by a court judgment, and in default of such delivery pay, if required by court order: the assessed value of the property, all damages for the taking and detention thereof, and/or all costs that may accrue in this action; and
(2) A final decision of the court dismissing this case or payment of expense as provided for in section 533.120 shall render this bond and affidavit void and otherwise unenforceable.
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(RSMo 1939 § 1790, A.L. 1982 H.B. 1289)
Prior revisions: 1929 § 1626; 1919 § 2074; 1909 § 2639
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.