State Codes and Statutes
Statutes > Missouri > T36 > C534 > 534_090Serving of summons--service by mail--publication of notice.
534.090. 1. Such summons shall be served as in other civil cases atleast four days before the court date specified in such summons.
2. If the summons in such action cannot be served in the ordinarymanner as provided by law, it shall be the duty of the judge before whomthe proceeding is commenced, at the request of the plaintiff, to make anorder directing that notices shall be set up for ten days on the premisesin question and in one public place in the county where the defendant wasbelieved to dwell, informing the defendant of the commencement of theproceedings against the defendant and to make an order directing that acopy of the summons be delivered to the defendant at the defendant's lastknown address by ordinary mail. If the officer, or other person empoweredto execute the summons, shall return that the defendant is not found, orthat the defendant has absconded or vacated his or her usual place of abodein this state, and if proof be made by affidavit of the posting and of themailing of a copy of the summons and complaint, the judge shall proceed tohear the case as if there had been personal service, and judgment shall berendered and proceedings had as in other cases, except that where thedefendant is in default no money judgment shall be granted the plaintiffunder the order of publication and ordinary mail procedure set forth inthis section. If such summons is returned executed, then the judge shallset the case on the next available court date.
(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
