Missouri Revised Statutes
Chapter 534 - Forcible Entry and Unlawful Detainer
Section 534.090 - Serving of summons — service by mail — publication of notice.

Effective - 28 Aug 2005
534.090. Serving of summons — service by mail — publication of notice. — 1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons.
2. If the summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against the defendant and to make an order directing that a copy of the summons be delivered to the defendant at the defendant's last known address by ordinary mail. If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his or her usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and 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 where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and ordinary mail procedure set forth in this section. If such summons is returned executed, then the judge shall set the case on the next available court date.
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(RSMo 1939 § 2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L. 1972 S.B. 482, A.L. 1978 H.B. 1634, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2005 S.B. 420 & 344)
Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVI - Statutory Actions and Torts

Chapter 534 - Forcible Entry and Unlawful Detainer

Section 534.010 - What entries deemed lawful.

Section 534.020 - Forcible entry and detainer defined.

Section 534.030 - Unlawful detainer defined — foreclosure, notice to tenants, procedure.

Section 534.040 - Estates comprehended in sections 534.010 to 534.030.

Section 534.050 - Demand for possession, how made and proved.

Section 534.060 - Before whom cognizable — centralized filing — assignment of cases.

Section 534.070 - Complaint and summons — court date assigned, when.

Section 534.080 - Form of summons.

Section 534.090 - Serving of summons — service by mail — publication of notice.

Section 534.100 - Return of officer.

Section 534.110 - Power to issue subpoenas and compel attendance of witnesses.

Section 534.120 - Failure to prosecute, nonsuit.

Section 534.130 - Failure of defendant to appear.

Section 534.140 - Both parties appear — proceedings.

Section 534.160 - Demand for trial by jury.

Section 534.170 - Amendments permitted and new parties added, when.

Section 534.180 - Depositions may be taken.

Section 534.190 - When depositions may be read.

Section 534.200 - Proof required of complainant.

Section 534.210 - Merits of title cannot be inquired into.

Section 534.220 - Rights under derivative titles may be shown.

Section 534.230 - Extent of claim of person having lawful possession.

Section 534.240 - Extent of claim where there has been no survey.

Section 534.250 - Persons having settlement on public lands may maintain action, when.

Section 534.260 - Heirs, devisees entitled to what remedies.

Section 534.270 - If lessor dies, remedy survives to heirs.

Section 534.280 - Effect of forfeiture of lease.

Section 534.290 - New tenant may maintain action, when.

Section 534.300 - Three years' possession a bar to the action.

Section 534.310 - Verdict for complainant — what it shall include.

Section 534.320 - Verdict may be corrected in matters of form.

Section 534.330 - Judgment on verdict for complainant.

Section 534.340 - Transcript of judgment — revived and enforced, how.

Section 534.345 - Notice of default judgment in eviction proceeding must be sent to defaulting party.

Section 534.347 - Unauthorized sublessor or assignor of leased premises, double damages, when.

Section 534.350 - Execution — when issued and levied.

Section 534.355 - Court may include in judgment of possession an order to sheriff requiring delivery of premises to prevailing party within fifteen days.

Section 534.370 - Form of execution against defendant.

Section 534.380 - Judgment stay for appeals.

Section 534.540 - Proceedings on default of defendant.

Section 534.570 - Appeals to supreme court — supersedeas.

Section 534.590 - Writs of restitution, against whom executed.