Summons and petition, how served--service by mail, authorizedwhen--notice by mail and acknowledgment form.
506.150. 1. The summons and petition shall be servedtogether. Service shall be made as follows:
(1) Upon an individual, including an infant or disabled orincapacitated person not having a legally appointed guardian orconservator, by delivering a copy of the summons and of thepetition to him personally or by leaving a copy of the summonsand of the petition at his dwelling house or usual place of abodewith some person of his family over the age of fifteen years, orby delivering a copy of the summons and of the petition to anagent authorized by appointment or required by law to receiveservice of process;
(2) If the infant or disabled or incapacitated person has alegally appointed conservator, by serving a copy of the summonsand of the petition on such conservator as provided insubdivision (1) of this subsection;
(3) Upon a domestic or foreign corporation or upon apartnership, or other unincorporated association, when by law itmay be sued as such, by delivering a copy of the summons and ofthe petition to an officer, partner, a managing or general agent,or by leaving the copies at any business office of the defendantwith the person having charge thereof, or to any other agentauthorized by appointment or required by law to receive serviceof process and, if the agent is one authorized by statute toreceive service and the statute so requires, by also mailing acopy to the defendant;
(4) Upon a domestic corporation that has been dissolvedaccording to law, by delivering a copy of the summons and of thepetition to the last registered agent of the corporation or uponthe secretary of state, and if upon the secretary of state, thesecretary of state shall send a copy of the summons and petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to each member of the last board ofdirectors of the corporation at the address of such directors, asshown by the secretary of state's records;
(5) Upon a public, municipal, governmental, or quasi-publiccorporation or body, by delivering a copy of the summons and ofthe petition to the clerk of the county commission in the case ofa county, to the mayor or city clerk or city attorney in the caseof a city, and to the chief executive officer in the case of anyother public, municipal, governmental or quasi-public corporationor body. If there is, for the time being, no such officer as isspecified by this subdivision, the court may designate anappropriate officer to whom the copies of the summons andpetition may be delivered in order to effect service.
2. When a defendant shall acknowledge in writing, endorsedon the writ, signed by his own proper signature, the service ofsuch writ, and waive the necessity of the service thereof by anofficer, such acknowledgment shall be deemed as valid as servicein the manner provided by law.
3. In all cases when the defendant shall refuse to hear thewrit read or to receive a copy of the writ or petition, the offerof the officer to read the same or to deliver a copy thereof, andsuch refusal, shall be sufficient service of such writ.
4. Service of the summons and petition upon a defendant ofany class referred to in subdivision (1) or (3) of subsection 1of this section may be made by the plaintiff or by any personauthorized to serve process pursuant to section 506.140, bymailing a copy of the summons and petition by first-class mail,postage prepaid, to the person to be served, together with twocopies of a notice and acknowledgment conforming substantially tothe form contained in subsection 5 of this section and a returnenvelope, postage prepaid, addressed to the sender. If noacknowledgment of service under this subsection is received bythe sender within thirty days after the date of mailing, serviceof the summons and petition shall be made as otherwise providedby this section or supreme court rule. Unless good cause isshown for not doing so, the court shall order the payment of thecosts of personal service by the person served if such persondoes not complete and return within thirty days after mailing thenotice and acknowledgment of receipt of summons.
5. The acknowledgment form required by subsection 4 of thissection shall be substantially as follows:
Notice and Acknowledgment for Service by Mail
Circuit Court for .............. County
Division ......... Civil Action, File Number A.B., )
) Plaintiff, )
) vs. )
) C.D., )
) Defendant. )
NOTICE AND ACKNOWLEDGMENT OF
RECEIPT OF
SUMMONS AND PETITION NOTICE TO: (Insert the name and address of the person to be served.)
The enclosed summons and petition are served pursuant tosection 506.150, RSMo.
You must complete the acknowledgment part of this form andreturn one copy of the completed form to the sender within thirtydays.
You must sign and date the acknowledgment. If you areserved on behalf of a corporation, unincorporated association,including a partnership, or other entity, you must indicate underyour signature your relationship to that entity. If you areserved on behalf of another person and you are authorized toreceive process, you must indicate under your signature yourauthority.
If you do not complete and return the form to the senderwithin thirty days, you or the party on whose behalf you arebeing served may be required to pay any expenses incurred inserving a summons and petition in any other manner permitted bylaw.
If you do complete and return this form, you or the party onwhose behalf you are being served must answer the petition withinthirty days. If you fail to do so, judgment by default will betaken against you for the relief demanded in the petition.
I declare, under penalty of filing a false affidavit, thatthis Notice and Acknowledgment of Receipt of Summons and Petitionwas mailed on (insert date). ..............................
Signature .............................. Relationship to Entity/Authority to Receive Service of Process ..............................
(1975) Facts held to show adequate service on foreign corporation actually doing business in the state. Ward v. Cook United Inc. (A.), 521 S.W.2d 474.
(1986) The substitute service provided by subdivision (1) of subsection 1 of this section is not a substitute for service upon persons listed in subdivision (3) of subsection 1 of this section, providing method of service on corporations. Kirlin v. Dalco, 719 S.W.2d 516 (Mo.App.).
Summons and petition, how served--service by mail, authorizedwhen--notice by mail and acknowledgment form.
506.150. 1. The summons and petition shall be servedtogether. Service shall be made as follows:
(1) Upon an individual, including an infant or disabled orincapacitated person not having a legally appointed guardian orconservator, by delivering a copy of the summons and of thepetition to him personally or by leaving a copy of the summonsand of the petition at his dwelling house or usual place of abodewith some person of his family over the age of fifteen years, orby delivering a copy of the summons and of the petition to anagent authorized by appointment or required by law to receiveservice of process;
(2) If the infant or disabled or incapacitated person has alegally appointed conservator, by serving a copy of the summonsand of the petition on such conservator as provided insubdivision (1) of this subsection;
(3) Upon a domestic or foreign corporation or upon apartnership, or other unincorporated association, when by law itmay be sued as such, by delivering a copy of the summons and ofthe petition to an officer, partner, a managing or general agent,or by leaving the copies at any business office of the defendantwith the person having charge thereof, or to any other agentauthorized by appointment or required by law to receive serviceof process and, if the agent is one authorized by statute toreceive service and the statute so requires, by also mailing acopy to the defendant;
(4) Upon a domestic corporation that has been dissolvedaccording to law, by delivering a copy of the summons and of thepetition to the last registered agent of the corporation or uponthe secretary of state, and if upon the secretary of state, thesecretary of state shall send a copy of the summons and petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to each member of the last board ofdirectors of the corporation at the address of such directors, asshown by the secretary of state's records;
(5) Upon a public, municipal, governmental, or quasi-publiccorporation or body, by delivering a copy of the summons and ofthe petition to the clerk of the county commission in the case ofa county, to the mayor or city clerk or city attorney in the caseof a city, and to the chief executive officer in the case of anyother public, municipal, governmental or quasi-public corporationor body. If there is, for the time being, no such officer as isspecified by this subdivision, the court may designate anappropriate officer to whom the copies of the summons andpetition may be delivered in order to effect service.
2. When a defendant shall acknowledge in writing, endorsedon the writ, signed by his own proper signature, the service ofsuch writ, and waive the necessity of the service thereof by anofficer, such acknowledgment shall be deemed as valid as servicein the manner provided by law.
3. In all cases when the defendant shall refuse to hear thewrit read or to receive a copy of the writ or petition, the offerof the officer to read the same or to deliver a copy thereof, andsuch refusal, shall be sufficient service of such writ.
4. Service of the summons and petition upon a defendant ofany class referred to in subdivision (1) or (3) of subsection 1of this section may be made by the plaintiff or by any personauthorized to serve process pursuant to section 506.140, bymailing a copy of the summons and petition by first-class mail,postage prepaid, to the person to be served, together with twocopies of a notice and acknowledgment conforming substantially tothe form contained in subsection 5 of this section and a returnenvelope, postage prepaid, addressed to the sender. If noacknowledgment of service under this subsection is received bythe sender within thirty days after the date of mailing, serviceof the summons and petition shall be made as otherwise providedby this section or supreme court rule. Unless good cause isshown for not doing so, the court shall order the payment of thecosts of personal service by the person served if such persondoes not complete and return within thirty days after mailing thenotice and acknowledgment of receipt of summons.
5. The acknowledgment form required by subsection 4 of thissection shall be substantially as follows:
Notice and Acknowledgment for Service by Mail
Circuit Court for .............. County
Division ......... Civil Action, File Number A.B., )
) Plaintiff, )
) vs. )
) C.D., )
) Defendant. )
NOTICE AND ACKNOWLEDGMENT OF
RECEIPT OF
SUMMONS AND PETITION NOTICE TO: (Insert the name and address of the person to be served.)
The enclosed summons and petition are served pursuant tosection 506.150, RSMo.
You must complete the acknowledgment part of this form andreturn one copy of the completed form to the sender within thirtydays.
You must sign and date the acknowledgment. If you areserved on behalf of a corporation, unincorporated association,including a partnership, or other entity, you must indicate underyour signature your relationship to that entity. If you areserved on behalf of another person and you are authorized toreceive process, you must indicate under your signature yourauthority.
If you do not complete and return the form to the senderwithin thirty days, you or the party on whose behalf you arebeing served may be required to pay any expenses incurred inserving a summons and petition in any other manner permitted bylaw.
If you do complete and return this form, you or the party onwhose behalf you are being served must answer the petition withinthirty days. If you fail to do so, judgment by default will betaken against you for the relief demanded in the petition.
I declare, under penalty of filing a false affidavit, thatthis Notice and Acknowledgment of Receipt of Summons and Petitionwas mailed on (insert date). ..............................
Signature .............................. Relationship to Entity/Authority to Receive Service of Process ..............................
(1975) Facts held to show adequate service on foreign corporation actually doing business in the state. Ward v. Cook United Inc. (A.), 521 S.W.2d 474.
(1986) The substitute service provided by subdivision (1) of subsection 1 of this section is not a substitute for service upon persons listed in subdivision (3) of subsection 1 of this section, providing method of service on corporations. Kirlin v. Dalco, 719 S.W.2d 516 (Mo.App.).
Summons and petition, how served--service by mail, authorizedwhen--notice by mail and acknowledgment form.
506.150. 1. The summons and petition shall be servedtogether. Service shall be made as follows:
(1) Upon an individual, including an infant or disabled orincapacitated person not having a legally appointed guardian orconservator, by delivering a copy of the summons and of thepetition to him personally or by leaving a copy of the summonsand of the petition at his dwelling house or usual place of abodewith some person of his family over the age of fifteen years, orby delivering a copy of the summons and of the petition to anagent authorized by appointment or required by law to receiveservice of process;
(2) If the infant or disabled or incapacitated person has alegally appointed conservator, by serving a copy of the summonsand of the petition on such conservator as provided insubdivision (1) of this subsection;
(3) Upon a domestic or foreign corporation or upon apartnership, or other unincorporated association, when by law itmay be sued as such, by delivering a copy of the summons and ofthe petition to an officer, partner, a managing or general agent,or by leaving the copies at any business office of the defendantwith the person having charge thereof, or to any other agentauthorized by appointment or required by law to receive serviceof process and, if the agent is one authorized by statute toreceive service and the statute so requires, by also mailing acopy to the defendant;
(4) Upon a domestic corporation that has been dissolvedaccording to law, by delivering a copy of the summons and of thepetition to the last registered agent of the corporation or uponthe secretary of state, and if upon the secretary of state, thesecretary of state shall send a copy of the summons and petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to each member of the last board ofdirectors of the corporation at the address of such directors, asshown by the secretary of state's records;
(5) Upon a public, municipal, governmental, or quasi-publiccorporation or body, by delivering a copy of the summons and ofthe petition to the clerk of the county commission in the case ofa county, to the mayor or city clerk or city attorney in the caseof a city, and to the chief executive officer in the case of anyother public, municipal, governmental or quasi-public corporationor body. If there is, for the time being, no such officer as isspecified by this subdivision, the court may designate anappropriate officer to whom the copies of the summons andpetition may be delivered in order to effect service.
2. When a defendant shall acknowledge in writing, endorsedon the writ, signed by his own proper signature, the service ofsuch writ, and waive the necessity of the service thereof by anofficer, such acknowledgment shall be deemed as valid as servicein the manner provided by law.
3. In all cases when the defendant shall refuse to hear thewrit read or to receive a copy of the writ or petition, the offerof the officer to read the same or to deliver a copy thereof, andsuch refusal, shall be sufficient service of such writ.
4. Service of the summons and petition upon a defendant ofany class referred to in subdivision (1) or (3) of subsection 1of this section may be made by the plaintiff or by any personauthorized to serve process pursuant to section 506.140, bymailing a copy of the summons and petition by first-class mail,postage prepaid, to the person to be served, together with twocopies of a notice and acknowledgment conforming substantially tothe form contained in subsection 5 of this section and a returnenvelope, postage prepaid, addressed to the sender. If noacknowledgment of service under this subsection is received bythe sender within thirty days after the date of mailing, serviceof the summons and petition shall be made as otherwise providedby this section or supreme court rule. Unless good cause isshown for not doing so, the court shall order the payment of thecosts of personal service by the person served if such persondoes not complete and return within thirty days after mailing thenotice and acknowledgment of receipt of summons.
5. The acknowledgment form required by subsection 4 of thissection shall be substantially as follows:
Notice and Acknowledgment for Service by Mail
Circuit Court for .............. County
Division ......... Civil Action, File Number A.B., )
) Plaintiff, )
) vs. )
) C.D., )
) Defendant. )
NOTICE AND ACKNOWLEDGMENT OF
RECEIPT OF
SUMMONS AND PETITION NOTICE TO: (Insert the name and address of the person to be served.)
The enclosed summons and petition are served pursuant tosection 506.150, RSMo.
You must complete the acknowledgment part of this form andreturn one copy of the completed form to the sender within thirtydays.
You must sign and date the acknowledgment. If you areserved on behalf of a corporation, unincorporated association,including a partnership, or other entity, you must indicate underyour signature your relationship to that entity. If you areserved on behalf of another person and you are authorized toreceive process, you must indicate under your signature yourauthority.
If you do not complete and return the form to the senderwithin thirty days, you or the party on whose behalf you arebeing served may be required to pay any expenses incurred inserving a summons and petition in any other manner permitted bylaw.
If you do complete and return this form, you or the party onwhose behalf you are being served must answer the petition withinthirty days. If you fail to do so, judgment by default will betaken against you for the relief demanded in the petition.
I declare, under penalty of filing a false affidavit, thatthis Notice and Acknowledgment of Receipt of Summons and Petitionwas mailed on (insert date). ..............................
Signature .............................. Relationship to Entity/Authority to Receive Service of Process ..............................
(1975) Facts held to show adequate service on foreign corporation actually doing business in the state. Ward v. Cook United Inc. (A.), 521 S.W.2d 474.
(1986) The substitute service provided by subdivision (1) of subsection 1 of this section is not a substitute for service upon persons listed in subdivision (3) of subsection 1 of this section, providing method of service on corporations. Kirlin v. Dalco, 719 S.W.2d 516 (Mo.App.).
