Denial of access, filing of affidavit, contents--initial access order,procedure, becomes final order of access, when.
393.555. 1. Upon any denial of access, the utility companymay institute an action to acquire access to the utility meter byfiling with the associate circuit court of the county in whichthe residence is located, an affidavit stating:
(1) The name of the utility customer in default;
(2) The address of the residence in which the utility meteris located;
(3) That the utility company is the owner of the utilitymeter involved;
(4) That an access demand notice has been mailed ordelivered to the utility customer in default, and attachingthereto a verified copy of such access demand notice; and
(5) That there has been a denial of access to the utilitymeter.
2. Upon the filing of the affidavit required by subsection 1of this section by the utility company, the court shall issue aninitial access order requiring the utility customer in default todeliver access to the utility meter to the sheriff, and requiringthe sheriff to provide the utility company with access to theutility meter. Such initial access order must be entered withinseven days of the filing of the affidavit. A copy of the initialaccess order shall be delivered to the sheriff or court officer,who shall, within five days after its issuance by the court,serve a copy of the initial access order on the utility customerin default and file a return with the court showing that servicehas been made. In addition to such attempted personal service,the utility company may request, and thereupon the judge, beforewhom the proceeding is commenced, shall forthwith make an orderdirecting that the sheriff or court officer shall alsoimmediately serve the same by securely affixing a copy of suchinitial access order in a conspicuous place at the residence forat least ten days, and by also immediately mailing a copy of theinitial access order to the utility customer in default at hislast known address by ordinary mail and by certified mail, returnreceipt requested, deliver to addressee only. If the sheriff orother court officer shall return that the utility customer indefault is not found, or that he has absconded or absentedhimself from his usual place of abode in this state, and if proofbe made of the notice and of the mailing of notice by ordinarymail and certified mail by affidavit of some competent witness,the judge shall immediately proceed with the matter as if therehad been personal service of the initial access order. Eachinitial access order shall notify the utility customer in defaultof the right of such utility customer in default to post a bondand request a hearing pursuant to section 393.557. The court mayallow for a period of time from the time of service, which periodshall not exceed ten days, in which the utility customer indefault may post the bond required by section 393.557. If nosuch bond is posted within the period thus established by thecourt, then the initial access order shall automatically become afinal order of access at the close of business on the last day ofsuch period.
Denial of access, filing of affidavit, contents--initial access order,procedure, becomes final order of access, when.
393.555. 1. Upon any denial of access, the utility companymay institute an action to acquire access to the utility meter byfiling with the associate circuit court of the county in whichthe residence is located, an affidavit stating:
(1) The name of the utility customer in default;
(2) The address of the residence in which the utility meteris located;
(3) That the utility company is the owner of the utilitymeter involved;
(4) That an access demand notice has been mailed ordelivered to the utility customer in default, and attachingthereto a verified copy of such access demand notice; and
(5) That there has been a denial of access to the utilitymeter.
2. Upon the filing of the affidavit required by subsection 1of this section by the utility company, the court shall issue aninitial access order requiring the utility customer in default todeliver access to the utility meter to the sheriff, and requiringthe sheriff to provide the utility company with access to theutility meter. Such initial access order must be entered withinseven days of the filing of the affidavit. A copy of the initialaccess order shall be delivered to the sheriff or court officer,who shall, within five days after its issuance by the court,serve a copy of the initial access order on the utility customerin default and file a return with the court showing that servicehas been made. In addition to such attempted personal service,the utility company may request, and thereupon the judge, beforewhom the proceeding is commenced, shall forthwith make an orderdirecting that the sheriff or court officer shall alsoimmediately serve the same by securely affixing a copy of suchinitial access order in a conspicuous place at the residence forat least ten days, and by also immediately mailing a copy of theinitial access order to the utility customer in default at hislast known address by ordinary mail and by certified mail, returnreceipt requested, deliver to addressee only. If the sheriff orother court officer shall return that the utility customer indefault is not found, or that he has absconded or absentedhimself from his usual place of abode in this state, and if proofbe made of the notice and of the mailing of notice by ordinarymail and certified mail by affidavit of some competent witness,the judge shall immediately proceed with the matter as if therehad been personal service of the initial access order. Eachinitial access order shall notify the utility customer in defaultof the right of such utility customer in default to post a bondand request a hearing pursuant to section 393.557. The court mayallow for a period of time from the time of service, which periodshall not exceed ten days, in which the utility customer indefault may post the bond required by section 393.557. If nosuch bond is posted within the period thus established by thecourt, then the initial access order shall automatically become afinal order of access at the close of business on the last day ofsuch period.
Denial of access, filing of affidavit, contents--initial access order,procedure, becomes final order of access, when.
393.555. 1. Upon any denial of access, the utility companymay institute an action to acquire access to the utility meter byfiling with the associate circuit court of the county in whichthe residence is located, an affidavit stating:
(1) The name of the utility customer in default;
(2) The address of the residence in which the utility meteris located;
(3) That the utility company is the owner of the utilitymeter involved;
(4) That an access demand notice has been mailed ordelivered to the utility customer in default, and attachingthereto a verified copy of such access demand notice; and
(5) That there has been a denial of access to the utilitymeter.
2. Upon the filing of the affidavit required by subsection 1of this section by the utility company, the court shall issue aninitial access order requiring the utility customer in default todeliver access to the utility meter to the sheriff, and requiringthe sheriff to provide the utility company with access to theutility meter. Such initial access order must be entered withinseven days of the filing of the affidavit. A copy of the initialaccess order shall be delivered to the sheriff or court officer,who shall, within five days after its issuance by the court,serve a copy of the initial access order on the utility customerin default and file a return with the court showing that servicehas been made. In addition to such attempted personal service,the utility company may request, and thereupon the judge, beforewhom the proceeding is commenced, shall forthwith make an orderdirecting that the sheriff or court officer shall alsoimmediately serve the same by securely affixing a copy of suchinitial access order in a conspicuous place at the residence forat least ten days, and by also immediately mailing a copy of theinitial access order to the utility customer in default at hislast known address by ordinary mail and by certified mail, returnreceipt requested, deliver to addressee only. If the sheriff orother court officer shall return that the utility customer indefault is not found, or that he has absconded or absentedhimself from his usual place of abode in this state, and if proofbe made of the notice and of the mailing of notice by ordinarymail and certified mail by affidavit of some competent witness,the judge shall immediately proceed with the matter as if therehad been personal service of the initial access order. Eachinitial access order shall notify the utility customer in defaultof the right of such utility customer in default to post a bondand request a hearing pursuant to section 393.557. The court mayallow for a period of time from the time of service, which periodshall not exceed ten days, in which the utility customer indefault may post the bond required by section 393.557. If nosuch bond is posted within the period thus established by thecourt, then the initial access order shall automatically become afinal order of access at the close of business on the last day ofsuch period.
