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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 511 Judgments
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The term "real estate", as used in this chapter, shall be
construed to include all estate and interest in lands, tenements and
hereditaments liable to be sold upon execution. (RSMo 1939 § 1305)
Prior revisions: 1929 § 1141; 1919 § 1592; 1909 § 2161
A "judgment" is the final determination of the right of the
parties in the action. (RSMo 1939 § 1236)
Prior revisions: 1929 § 1070; 1919 § 1521; 1909 § 2090
(1977) Held, failure of judgment entered to mention two of fourteen
defendants results in judgment not fully disposing of all parties and
judgment is not appealable. Claspill v. Craig (A.), 546 S.W.2d 202.
1. Judgment may be given for or against one or more of several
plaintiffs, and for or against one or more of several defendants; and it
may determine the ultimate rights of the parties on each side, as between
themselves, and it may grant to the plaintiff or the defendant any
affirmative or other relief to which he may be entitled.
2. If the court determines in any action that a plaintiff or defendant
entitled to judgment or other relief is a minor or disabled person, the
court may, as part of such judgment, without appointing a conservator,
authorize, direct or ratify any transaction necessary or desirable to
achieve any security, service or care arrangement meeting the foreseeable
needs of such person which is authorized pursuant to the provisions of
chapter 475, RSMo.
3. If the court determines in any action that a plaintiff or defendant
entitled to judgment or other relief is a minor or disabled person, the
court may, as part of such judgment, without appointing a conservator,
authorize, direct or ratify any contract or other transaction relating to
such person's financial affairs or involving such person's estate if the
court determines that the transaction is in the best interests of such
person, provided the transaction is authorized pursuant to the provisions
of chapter 475, RSMo. (RSMo 1939 § 1237, A.L. 1999 S.B. 386)
Prior revisions: 1929 § 1071; 1919 § 1522; 1909 § 2091
If the court orders separate trials as provided in section
510.180, RSMo, judgment on a counterclaim or cross-claim may be rendered
even if the claims of the opposing party have been dismissed or otherwise
disposed of. (L. 1943 p. 353 § 79)
If the plaintiff shall fail to file his replication, or other
pleading, within the time prescribed by law or the rules of practice of
the court, and to serve the adverse party, or his attorney, with a copy
thereof when the same is required, judgment of non pros. shall be given
against him. (RSMo 1939 § 1241)
Prior revisions: 1929 § 1075; 1919 § 1526; 1909 § 2095
The judgment may, for good cause shown, be set aside at any time
within thirty days after it is entered, upon such terms as are just.
(RSMo 1939 § 1242, A.L. 1957 p. 297)
Prior revisions: 1929 § 1076; 1919 § 1527; 1909 § 2096
A judgment by confession may be entered without action, either
for money due or to become due, or to secure any person against
contingent liability on behalf of the defendant, or both, in the manner
herein prescribed. (RSMo 1939 § 1259)
Prior revisions: 1929 § 1093; 1919 § 1544; 1909 § 2113
A statement in writing must be made, signed by the defendant,
and verified by affidavit, to the following effect:
(1) It must state the amount for which the judgment may be rendered, and
authorize the entry of judgment thereon;
(2) If it be for money due, or to become due, it must state concisely the
facts out of which it arose, and must show that the sum confessed
therefor is justly due, or to become due;
(3) If it be for the purpose of securing the plaintiff against a
contingent liability, it must state concisely the facts constituting the
liability, and must show that the sum confessed therefor does not exceed
the same. (RSMo 1939 § 1260)
Prior revisions: 1929 § 1094; 1919 § 1545; 1909 § 2114
Such statement and affidavits shall be filed, and the court
shall render judgment for the amount confessed, and cause the same to be
entered upon the records, first being satisfied of the identity of the
defendant, if present, or, if not present, that he executed the same in
writing, and made the affidavit herein required. (RSMo 1939 § 1261)
Prior revisions: 1929 § 1095; 1919 § 1546; 1909 § 2115
A judgment by confession may also be rendered against any person
for a debt owing upon a note, bond or bill of exchange, under his power
of attorney therefor, acknowledged as required of deeds of land for
record and filed in the court rendering the judgment, at the time of its
rendition, together with the note, bond or bill of exchange, and the
affidavit of the plaintiff that the debt is bona fide, for a fair and
valuable consideration, and owing after allowing all just credits and
setoffs. (RSMo 1939 § 1262)
Prior revisions: 1929 § 1096; 1919 § 1547; 1909 § 2116
If the defendant shall fail to file his answer or other pleading
within the time prescribed by law or the rules of practice of the court,
and serve a copy thereof upon the adverse party, or his attorney, when
the same is required, an interlocutory judgment shall be given against
him by default. (RSMo 1939 § 1239)
Prior revisions: 1929 § 1073; 1919 § 1524; 1909 § 2093
Such judgment may, for good cause shown, be set aside at any
time before the damages are assessed or final judgment rendered, upon
such terms as shall be just. (RSMo 1939 § 1240)
Prior revisions: 1929 § 1074; 1919 § 1525; 1909 § 2094
When there are several defendants in a suit, and some of them
appear and plead and others make default, an interlocutory judgment by
default may be entered against such as make default, and the cause may
proceed against the others; but only one final judgment shall be given in
the action. (RSMo 1939 § 1243)
Prior revisions: 1929 § 1077; 1919 § 1528; 1909 § 2097
Whenever an interlocutory judgment shall be rendered for the
plaintiff by default nihil dicit, confession, or upon an issue of law, in
any suit founded upon a written instrument, or upon a judgment of any
court of record, and the demand is ascertained by such instrument or the
record of any such judgment, the court shall assess the damages, and
final judgment shall be given thereon. (RSMo 1939 § 1244)
Prior revisions: 1929 § 1078; 1919 § 1529; 1909 § 2098
In all cases of interlocutory judgments not provided for in
sections 511.130 and 511.140, the plaintiff may, if he demand it, have a
jury to assess his damages. If no jury be demanded the court shall assess
the damages, or give the other relief asked in the petition, and final
judgment shall be given thereon. (RSMo 1939 § 1245)
Prior revisions: 1929 § 1079; 1919 § 1530; 1909 § 2099
Whenever such interlocutory judgment shall be rendered for the
plaintiff, the damages or other relief shall not be other or greater than
that which he shall have demanded in the petition, as originally filed
and served on defendant; but in any other case, the court may grant him
any relief consistent with the case made by the plaintiff and embraced
within the issues. (RSMo 1939 § 1246)
Prior revisions: 1929 § 1080; 1919 § 1531; 1909 § 2100
When such interlocutory judgment shall be made and final
judgment entered thereon against any defendant who shall not have been
summoned as required by this chapter, or who shall not have appeared to
the suit, or has been made a party as the representative of one who shall
have been summoned or appeared, such final judgment may be set aside, if
the defendant shall, within the time herein limited, appear, and by
petition for review, show good cause for setting aside such judgment.
(RSMo 1939 § 1247)
Prior revisions: 1929 § 1081; 1919 § 1532; 1909 § 2101
If the plaintiff shall, at any time after such final judgment,
serve the defendant, within any of the United States or the territories
thereof, with notice of the suit and a copy of the judgment thereon, and
such defendant shall not, within one year after such service, bring his
petition for review, the court, on proof of the service of such notice,
shall make an order that the judgment stand absolute. (RSMo 1939 § 1248)
Prior revisions: 1929 § 1082; 1919 § 1533; 1909 § 2102
If such petition for review be not filed within three years
after such final judgment is rendered, the same shall stand absolute,
whether notice thereof be given or not. (RSMo 1939 § 1249)
Prior revisions: 1929 § 1083; 1919 § 1534; 1909 § 2103
No such judgment shall be set aside unless the petition for
review shall state the existence of the facts set forth in section
511.170, and that the petition of plaintiff, upon which the judgment
complained of was obtained, is untrue in some material matter, setting it
forth, or that he has and then had a good defense thereto, setting such
defense forth, or both, and then only on condition that the defendant
answer or direct a motion to the petition of plaintiff on which the
judgment was rendered within a reasonable time, to be ordered by the
court. Such petition for review shall be verified by affidavit of the
defendant or his attorney of record. (RSMo 1939 § 1250, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1084; 1919 § 1535; 1909 § 2104
The petition of defendant shall be served on the plaintiff in
the judgment or notice given by publication to him, or, if the plaintiff
be dead, then on or to his legal representatives, in like time and manner
as provided for the service or giving of notice in case of an original
petition upon a defendant. (RSMo 1939 § 1251)
Prior revisions: 1929 § 1085; 1919 § 1536; 1909 § 2105
If the answer or motion is filed within the time so limited, the
cause shall proceed as it would have done had the defendant appeared to
the summons and filed his answer or motion to the petition; if not, the
judgment shall be made absolute. (RSMo 1939 § 1252, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1086; 1919 § 1537; 1909 § 2106
If, upon the trial of a cause, judgment shall be for the
defendant, or if the judgment be for the plaintiff, but for less than the
original judgment, the defendant may also have judgment with costs
against the plaintiff for such damages as justice shall require, as will
reimburse him for moneys applied to the satisfaction of the original
judgment and legal interest thereon, and which the plaintiff did not
finally recover. (RSMo 1939 § 1253)
Prior revisions: 1929 § 1087; 1919 § 1538; 1909 § 2107
No sale or conveyance of property for the satisfaction of any
judgment, regularly made, shall be affected or prejudiced by the setting
aside any judgment on the appearance of a defendant, as herein provided,
if the property shall be in the hands of innocent purchasers. (RSMo 1939
§ 1254)
Prior revisions: 1929 § 1088; 1919 § 1539; 1909 § 2108
Judgments in any court of record shall not be set aside for
irregularity, on motion, unless such motion be made within three years
after the term at which such judgment was rendered. (RSMo 1939 § 1267)
Prior revisions: 1929 § 1101; 1919 § 1552; 1909 § 2121
When a verdict shall have been rendered in any cause, the
judgment thereon shall not be stayed, nor shall such judgment, nor any
judgment after trial or submission, nor any judgment upon confession
nihil dicit or upon failure to answer, nor any judgment upon a writ of
inquiry of damages executed thereon, be reversed, impaired or in any way
affected by reason of the following imperfections, omissions, defects,
matters or things, or any of them, namely:
(1) For want of any writ, original or judicial;
(2) For any default or defect of process, or for misconceiving any
process, or for awarding the same to the wrong officer, or for the want
of any suggestion for awarding process, or for any insufficient
suggestion;
(3) For any imperfect or insufficient return of any sheriff or other
officer, or that the name of such officer is not signed to any return
actually made by him;
(4) For any variance between the original writ and petition;
(5) For any mispleading, miscontinuance or discontinuance, insufficient
pleading, jeofail or misjoining issue;
(6) For want of any warrant of attorney of either party, except in cases
of judgment by confession, when such warrant is expressly required by law;
(7) For any party under twenty-one years of age having appeared by
attorney, if the verdict or judgment be for him;
(8) For the want of any allegation or averment on account of which
omission a motion could have been maintained;
(9) For omitting any allegation or averment without proving which the
triers of the issue ought not to have given such a verdict;
(10) For any mistake in the name of any party or person, or in any sum of
money, or in any description of any property, or in reciting or stating
any day, month or year, when the correct name, sum or description shall
have been once rightly alleged in any of the pleadings or proceedings;
(11) For a mistake in the name of any juror or officer;
(12) For the want of any venue if the cause was tried in the proper
county;
(13) For any informality in entering a judgment or making up the record
thereof, or in any continuance or other entry upon the record;
(14) For any other default or negligence of any clerk or officer of the
court or of the parties, or of their attorneys, by which neither party
shall have been prejudiced. (RSMo 1939 § 1265, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1099; 1919 § 1550; 1909 § 2119
The omissions, imperfections, defects and variances in section
511.260 enumerated, and all others of a like nature, not being against
the right and justice of the matter of the suit, and not altering the
issues between the parties on the trial, shall be supplied and amended by
the court where the judgment shall be given, or by the court into which
such judgment shall be removed by writ of error or by appeal. (RSMo 1939
§ 1266)
Prior revisions: 1929 § 1100; 1919 § 1551; 1909 § 2120
In all cases where judgment is given for the conveyance of real
estate or the delivery of personal property, the court may, by such
judgment, pass the title of such property, without any act to be done on
the part of the defendant. (RSMo 1939 § 1255)
Prior revisions: 1929 § 1089; 1919 § 1540; 1909 § 2109
The court may issue a writ of possession, if necessary, to the
sheriff of the proper county, to put the party entitled into possession
of such real or personal property, or may proceed by attachment or
sequestration. (RSMo 1939 § 1256)
Prior revisions: 1929 § 1090; 1919 § 1541; 1909 § 2110
When an unconditional judgment shall be made for a conveyance,
release or acquittance, and the party required to execute the same shall
not comply therewith, such judgment shall be considered and taken to have
the same operation and effect and be as available as if the conveyance,
release or acquittance had been executed conformably to the judgment.
(RSMo 1939 § 1257)
Prior revisions: 1929 § 1091; 1919 § 1542; 1909 § 2111
When complete justice cannot otherwise be done, the court may,
on the petition of the party entitled to the benefit of a final judgment,
cause an inquiry to be made by a jury of the amount of damages which
ought to be paid in lieu of the performance of the judgment, and may
render a judgment for the damages so assessed, and award execution
thereon. (RSMo 1939 § 1258)
Prior revisions: 1929 § 1092; 1919 § 1543; 1909 § 2112
1. In all cases where any court of record shall render final
judgment, adjudging or decreeing a conveyance of real estate, or that any
real estate pass, or shall render any final judgment quieting or
determining the title to any real estate, the party in whose favor the
judgment or decree is rendered shall cause a copy thereof to be recorded
in the office of the recorder of the county wherein the lands passed or
to be conveyed or the title to which is quieted or determined lie, within
eight months after such judgment or decree is entered.
2. If such judgment or decree be not so recorded, it shall not be valid,
except between the parties thereto and such as have actual notice
thereof, and in all cases in which any defendant in any such judgment or
decree shall have the right, by petition for review, to show good cause
for setting aside such judgment or decree, within three years after such
judgment or decree is rendered, and a copy of such judgment or decree is
not filed for record within eight months as herein provided, such
defendant shall be allowed two years and four months from the date of the
filing of a copy of such judgment or decree for record in which to file
such petition for review; provided, that nothing in this section shall be
construed to affect the provisions of section 511.180. (RSMo 1939 § 1298)
Prior revisions: 1929 § 1134; 1919 § 1585; 1909 § 2154
Nothing contained in section 511.320 shall be so construed as to
require a party to record a judgment or decree when a conveyance has been
executed in pursuance thereof, and acknowledged or proved and deposited
for record in the proper office within the time therein limited. (RSMo
1939 § 1299)
Prior revisions: 1929 § 1135; 1919 § 1586; 1909 § 2155
When a judgment requires the performance of any other act than
the payment of money, a certified copy of the judgment may be served upon
the party against whom it is given, and his obedience thereto required.
If he neglect or refuse, he may be punished by the court as for a
contempt, by fine or imprisonment, or both, and, if necessary, by
sequestration of property. (RSMo 1939 § 1268)
Prior revisions: 1929 § 1102; 1919 § 1553; 1909 § 2122
(1976) Where circuit court reversed and held for naught the impeachment
proceedings of city removing the city marshal, the city could not be held
in contempt for failure to take affirmative action such as paying the
marshal's salary and emoluments due during the period of suspension where
these acts were not required specifically in the original judgment. State
ex rel. City of Pacific v. Buford (A.), 534 S.W.2d 819.
1. Judgments and decrees entered by the supreme court, by any
United States district or circuit court held within this state, by any
district of the court of appeals, by any circuit court and any probate
division of the circuit court, except judgments and decrees rendered by
associate, small claims and municipal divisions of the circuit courts,
shall be liens on the real estate of the person against whom they are
entered, situate in the county for which or in which the court is held.
2. Judgments and decrees rendered by the associate divisions of the
circuit courts shall not be liens on the real estate of the person
against whom they are rendered until such judgments or decrees are filed
with the clerk of the circuit court pursuant to sections 517.141 and
517.151, RSMo.
3. Judgments and decrees entered by the small claims and municipal
divisions of the circuit court shall not constitute liens against the
real estate of the person against whom they are rendered.
4. Notwithstanding any other provision of law, no judgments or decrees
entered by any court of competent jurisdiction may be amended or modified
by any administrative agency. (RSMo 1939 § 1269, A. 1949 H.B. 2119, A.L.
1973 S.B. 263, A.L. 1982 S.B. 484, A.L. 2001 S.B. 10, A.L. 2003 H.B. 613)
Prior revisions: 1929 § 1103; 1919 § 1554; 1909 § 2123
The lien of a judgment or decree shall extend as well to the
real estate acquired after the rendition thereof, as to that which was
owned when the judgment or decree was rendered. Such liens shall commence
on the day of the rendition of the judgment, and shall continue for ten
years, subject to be revived as herein provided; but when two or more
judgments or decrees are rendered at the same term, as between the
parties entitled to such judgments or decrees, the lien shall commence on
the last day of the term at which they are rendered. The provisions of
this section relating to the duration of the lien on real estate shall
apply only to judgments or decrees rendered or revived after August 28,
1998, and, for all judgments or decrees entered prior to such date, the
lien of such judgment or decree shall continue for three years from the
date such lien commenced. (RSMo 1939 § 1270, A.L. 2001 S.B. 10, A.L. 2002
H.B. 1768)
Prior revisions: 1929 § 1105; 1919 § 1556; 1909 § 2125
The plaintiff or his legal representative may, at any time
within ten years, sue out a scire facias to revive a judgment and lien;
but after the expiration of ten years from the rendition of the judgment,
no scire facias shall issue. (RSMo 1939 § 1271)
Prior revisions: 1929 § 1106; 1919 § 1557; 1909 § 2126
If a scire facias be issued after the expiration of the lien,
and a judgment of revival is afterward rendered, such revival shall only
take effect from the rendition thereof, and shall not prevail over
intermediate encumbrances. (RSMo 1939 § 1272)
Prior revisions: 1929 § 1107; 1919 § 1558; 1909 § 2127
If a scire facias is issued to revive a judgment and lien before
the expiration of the lien, and a judgment of revival is afterward
rendered, although it may be after the expiration of the lien, yet the
said lien shall prevail over all intermediate encumbrances. (RSMo 1939 §
1273)
Prior revisions: 1929 § 1108; 1919 § 1559; 1909 § 2128
The scire facias shall be served on the defendant or his legal
representatives, terre tenants or other persons occupying the land, and
be directed to and executed in any county in this state. All such cases
shall be tried at the return term, except they are continued for cause.
(RSMo 1939 § 1274)
Prior revisions: 1929 § 1109; 1919 § 1560; 1909 § 2129
If the defendant cannot be found, the court may make an order
setting forth briefly the nature of the case, and requiring all persons
interested to show cause, at the next term of such court, why such
judgment or decree should not be revived and the lien continued. (RSMo
1939 § 1275)
Prior revisions: 1929 § 1110; 1919 § 1561; 1909 § 2130
The order shall be published in some newspaper printed in this
state for three weeks, the last insertion to be two weeks before the
commencement of the term at which the parties are required to appear.
(RSMo 1939 § 1276)
Prior revisions: 1929 § 1111; 1919 § 1562; 1909 § 2131
If upon the service of the scire facias or publication as
aforesaid, the defendant, or any of his creditors, do not appear and show
cause against reviving the judgment or decree, the same shall be revived,
and the lien continued for another period of three years; and so on, from
time to time, as often as may be necessary. (RSMo 1939 § 1277)
Prior revisions: 1929 § 1112; 1919 § 1563; 1909 § 2132
1. Judgments and decrees obtained in the supreme court or any
district of the court of appeals or any United States court or any court
of record in this state shall, upon the filing of a transcript thereof in
the office of the clerk of the circuit court of any other county and
indexing of such transcript as provided in subsection 2 of this section,
be a lien upon the real estate of the person against whom such judgment
or decree is rendered, situate in the county in which such transcript is
filed.
2. Such judgment or decree as provided in subsection 1 of this section
shall be entered in the record kept by the clerk of the circuit court
having jurisdiction of civil causes within a county or a city not within
a county, for judgments and decrees of the circuit court of such county
as provided in section 511.500, except that the record of entry of such
judgment or decree shall also include the name and location of the court
that rendered such judgment or decree. (RSMo 1939 § 1306, A. 1949 H.B.
2119, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1994 S.B. 424, A.L.
1999 S.B. 1, et al.)
Prior revisions: 1929 § 1142; 1919 § 1593; 1909 § 2162
As soon as such transcript shall be filed in the office of the
clerk of the circuit court of any county, the clerk thereof shall
forthwith enter the judgment or decree in the judgment docket of said
court, in the same manner as is provided for entering judgments rendered
in such court; and the clerk shall also record such transcript in a
record to be kept for that purpose, and shall record, both in the
judgment docket and upon the record of such transcript, the time of
filing the same in his office. (RSMo 1939 § 1307, A.L. 1999 S.B. 1, et
al.)
Prior revisions: 1929 § 1143; 1919 § 1594; 1909 § 2163
The lien created by sections 511.440 to 511.480 shall exist to
the same extent and for the same time only as the lien of the judgment or
decree in the county where the same was rendered; and a transcript of a
judgment or decree reviving a judgment or decree, or the lien thereof,
may be filed, docketed and recorded in the same manner and with like
effect as an original judgment or decree. (RSMo 1939 § 1309)
Prior revisions: 1929 § 1145; 1919 § 1596; 1909 § 2165
1. Sections 511.460 to 511.480 shall be deemed to authorize the
court where such transcript shall be filed to issue executions on such
judgment or decree and to exercise all powers incident to the judgment
including judgment debtor proceedings, and a scire facias to revive such
judgment or decree or lien.
2. Transcripts of judgments described in section 511.440 shall not
authorize the courts where such transcripts shall be filed to issue
executions thereon or to issue a scire facias to revive such judgments,
but they shall issue and be sued out of the court where the original
judgment or decree was rendered. (RSMo 1939 § 1310, A.L. 1965 p. 659)
Prior revisions: 1929 § 1146; 1919 § 1597; 1909 § 2166
Any clerk of a court who shall refuse or neglect, after tender
of his fees for the same, to file and record such transcript and docket
such judgment or decree, as in sections 511.440 to 511.480 directed,
shall be liable on his official bond to any person damaged by reason of
such refusal or neglect, in double the amount of damages sustained. (RSMo
1939 § 1311)
Prior revisions: 1929 § 1147; 1919 § 1598; 1909 § 2167
No judgment hereafter rendered by any court shall be a lien on
real estate situate in such counties or city not within a county, until
an abstract of the judgment shall be entered in a record prepared and
maintained in the manner prescribed by supreme court rule which shall be
available for public inspection in the office of the circuit clerk, and
which shall state: the names of the parties; the date of the judgment;
the nature of the judgment or decree; the amount of the debt, damages and
costs; and the satisfaction or other disposition thereof, with any
necessary notes thereon. The liens of all judgments entered in such
record, as provided in this section, shall have priority according to the
sequence of and from the time of its respective entry into the record,
such time being deemed within the period of time in which the abstract
thereof should be furnished to or provided by the circuit clerk pursuant
to the provisions of this chapter. (RSMo 1939 § 1314, A.L. 1982 S.B. 484,
A.L. 1992 H.B. 982 merged with S.B. 833, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 1150; 1919 § 1601; 1909 § 2170
It shall be the duty of the clerks of any division of the
circuit court to, within five days after the rendition of any final
judgment in their respective division, enter an abstract of such judgment
in the record as required in section 511.500; and the clerk shall
immediately enter the same when the abstract aforesaid shall be furnished
to such clerk by any party interested, or such party's agent; and each of
the clerks and their sureties shall be respectively liable for any damage
occasioned by any neglect to perform the duties hereby required of them
respectively; and it is further provided that whenever any personal
representative, guardian or conservator, or any party interested, or such
party's agent, shall exhibit to the clerk of the court wherein such
judgment may be recorded a receipt or certificate of the proper officer,
stating that such judgment has been duly satisfied, then the circuit
clerk shall, without further fee, enter satisfaction of such judgment in
such clerk's office in the record as required in section 511.500. (RSMo
1939 § 1315, A.L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 982 merged with S.B.
833, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 2003 H.B. 613)
Prior revisions: 1929 § 1151; 1919 § 1602; 1909 § 2171
The lien of the judgment of district number 2 of the circuit
court of Marion County shall be the same as the lien of the judgments of
district number 1 of the circuit court for the county of Marion, and
shall be governed by the same laws. (RSMo 1939 § 2430, A. 1949 H.B. 2119,
A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14558; 1919 § 13737; 1909 § 4286
Effective 1-2-79
If one or more plaintiffs in a judgment or decree shall die
before the same is satisfied or carried into effect, the judgment or
decree, if concerning the personalty, shall survive to the executors or
administrators of such deceased party, and if concerning real estate, to
his or their heirs or devisees; and execution may be sued out in the name
of the surviving plaintiff or plaintiffs, or legal representatives of the
deceased plaintiff, for the benefit of himself or themselves, and the
legal representatives of the deceased party; or the judgment or decree
may be revived in the name of such legal representatives and the
surviving plaintiffs, and execution sued out by them jointly. (RSMo 1939
§ 1281)
Prior revisions: 1929 § 1116; 1919 § 1567; 1909 § 2136
When there are several defendants in a judgment or decree, and
some of them die before the same is satisfied or carried into effect, the
judgment or decree, if concerning real estate, shall survive against his
or their heirs or devisees, and execution may issue against any surviving
defendant or defendants, or such judgment or decree may be revived
against the heirs or devisees of any or all such deceased defendants, by
scire facias, and execution may be sued out against the surviving
defendant or defendants, and the heirs or devisees of such deceased
defendants, or such of them as are made parties jointly; but if such
judgment or decree concern the personalty, execution shall be sued out
only against the surviving defendant or defendants; and if the lien of
the judgment or decree has not expired, it shall be exhibited in the
probate division of the circuit court for allowance, as other demands
against the deceased defendant or defendant's estate, but if the lien has
expired, the judgment or decree shall be revived against the executors or
administrators of the deceased defendant or defendants, and then shall be
proceeded with as herein directed. (RSMo 1939 § 1282, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1117; 1919 § 1568; 1909 § 2137
Effective 1-2-79
If an executor or administrator be plaintiff or defendant in a
judgment or decree, and shall die, resign or be dismissed before the same
is satisfied or carried into effect, the judgment or decree may be
revived by or against the administrator de bonis non, in the manner
aforesaid. (RSMo 1939 § 1284)
Prior revisions: 1929 § 1119; 1919 § 1570; 1909 § 2139
When any judgment or decree is satisfied otherwise than by
execution, the party in whose favor the same was rendered shall,
immediately thereafter, enter an acknowledgment of satisfaction thereof
in the court where the same was obtained, or before the clerk of such
court in vacation. (RSMo 1939 § 1286)
Prior revisions: 1929 § 1121; 1919 § 1572; 1909 § 2141
Satisfaction may be entered by the plaintiff in person, by his
attorney of record, or by his agent duly authorized, in writing, under
the hand of the plaintiff. (RSMo 1939 § 1287)
Prior revisions: 1929 § 1122; 1919 § 1573; 1909 § 2142
If the acknowledgment is made in court, it shall be entered of
record; but if made before the clerk in vacation, it shall be entered on
the minutes, signed by the party making it, and attested by the clerk.
(RSMo 1939 § 1288)
Prior revisions: 1929 § 1123; 1919 § 1574; 1909 § 2143
When made by an agent, his authority shall be filed in the
office of the clerk of the court where the acknowledgment is made. (RSMo
1939 § 1289)
Prior revisions: 1929 § 1124; 1919 § 1575; 1909 § 2144
The acknowledgment so made shall forever discharge and release
the judgment or decree. (RSMo 1939 § 1290)
Prior revisions: 1929 § 1125; 1919 § 1576; 1909 § 2145
If a person receiving satisfaction of a judgment or decree shall
refuse within a reasonable time after request of the party interested
therein to acknowledge satisfaction on the record, or cause the same to
be done in the manner herein provided, the person so interested may, on
notice given, apply to the court to have the same done, and the court may
thereupon order satisfaction to be entered by the clerk, with like effect
as if acknowledged as aforesaid; and the cost attending such
acknowledgment shall be recovered of the party refusing by fee-bill, as
in other cases. (RSMo 1939 § 1291)
Prior revisions: 1929 § 1126; 1919 § 1577; 1909 § 2146
The clerks of courts of record shall keep in their respective
offices a well-bound book for entering therein an alphabetical docket of
all judgments and decrees. (RSMo 1939 § 1294)
Prior revisions: 1929 § 1129; 1919 § 1580; 1909 § 2149
They shall, during every term, or within thirty days thereafter,
enter in such docket all final judgments and decrees rendered at such
term in alphabetical order, by the name of the person against whom the
judgment or decree was entered; and if the judgment or decree be against
several persons, it shall be docketed in the name of each person against
whom it was recovered, in the alphabetical order of their names,
respectively. (RSMo 1939 § 1295)
Prior revisions: 1929 § 1130; 1919 § 1581; 1909 § 2150
Such docket shall contain, in columns ruled for that purpose:
First, the names of the parties; second, the date; third, the nature of
the judgment or decree; fourth, the amount of debt, damages and costs;
fifth, the book and page in which it is entered; sixth, a column for
entering a note of the satisfaction or other disposition thereof. (RSMo
1939 § 1296)
Prior revisions: 1929 § 1131; 1919 § 1582; 1909 § 2151
The clerks of courts of record, in recording judgments or
decrees, shall leave a space or margin on the record for entering a
memorandum of the satisfaction or vacation of such judgment or decree.
(RSMo 1939 § 1292)
Prior revisions: 1929 § 1127; 1919 § 1578; 1909 § 2147
When satisfaction of a judgment or decree shall be acknowledged
or entered by order of the court, or satisfaction shall be made by
execution, or such judgment or decree shall be vacated, the clerk shall
enter upon the margin of the judgment or decree a memorandum of the
disposition thereof, the date, and the book and page in which the
evidence is entered or recorded. (RSMo 1939 § 1293)
Prior revisions: 1929 § 1128; 1919 § 1579; 1909 § 2148
Any clerk failing to comply with the provisions of sections
511.630 to 511.670, or who shall fail to enter in said docket, within the
time required, the judgments of associate circuit judges' courts,
transcripts of which have been filed in his office, shall forfeit and pay
to the party injured thereby the sum of one hundred dollars, to be
recovered by civil action. (RSMo 1939 § 1297)
Prior revisions: 1929 § 1133; 1919 § 1584; 1909 § 2153
Judgments of courts of record for the recovery of money may be
assigned, in writing, by the plaintiff and the assignees thereof,
successively, which assignment shall be on or attached to the judgment,
and attested by the clerk of the court or associate circuit judge, and,
when so made and attested, shall vest the title to such judgment in each
assignee thereof, successively. (RSMo 1939 § 1300, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1136; 1919 § 1587; 1909 § 2156
Payments or satisfaction on such judgment to the assignor shall
be valid, if made before notice of assignment to the judgment debtor, but
not otherwise. (RSMo 1939 § 1301)
Prior revisions: 1929 § 1137; 1919 § 1588; 1909 § 2157
In case of assignment, execution shall issue in the name of the
original plaintiff, but shall be endorsed by the clerk or associate
circuit judge to be for the use of the assignee. (RSMo 1939 § 1302)
Prior revisions: 1929 § 1138; 1919 § 1589; 1909 § 2158
Any action or other proceeding, which the plaintiff in any
judgment might have thereon, may be maintained in the name of the
assignee. (RSMo 1939 § 1303)
Prior revisions: 1929 § 1139; 1919 § 1590; 1909 § 2159
Bonds for the delivery of property levied upon by virtue of such
executions shall be to the judgment plaintiff for the use of such
assignee; and all suits and proceedings relating to such judgment, or
against any officer on his bond, for neglect of duty relating thereto,
may be against or upon the complaint of such assignee, as the case may
require. (RSMo 1939 § 1304)
Prior revisions: 1929 § 1140; 1919 § 1591; 1909 § 2160
Parties to a question in difference, which might be the subject
of a civil action, may, without action, agree upon a case containing the
facts upon which the controversy depends, and present a submission of the
same to any court which would have jurisdiction if an action had been
brought; but it must appear, by affidavit, that the controversy is real
and the proceedings in good faith, to determine the rights of the
parties; the court shall thereupon hear and determine the case, and
render judgment thereon, as if an action were depending. (RSMo 1939 §
1263)
Prior revisions: 1929 § 1097; 1919 § 1548; 1909 § 2117
The judgment may be enforced in the same manner as if it had
been rendered in an action, unless otherwise provided in the submission;
and, in like manner, shall be with costs, and subject to an appeal or
writ of error, unless otherwise provided in the submission. (RSMo 1939 §
1264)
Prior revisions: 1929 § 1098; 1919 § 1549; 1909 § 2118
1. The following terms as used in this section shall mean:
(1) "Foreign judgment", any judgment, decree or order of a court of the
United States or of any state or territory which is entitled to full
faith and credit in this state;
(2) "Judgment debtor", the party against whom a foreign judgment has been
rendered;
(3) "Levy", to take control of or create a lien upon property under any
judicial writ or process whereby satisfaction of a judgment may be
enforced against such property;
(4) "Register", to file and record a foreign judgment in a court of this
state.
2. On application made within the time allowed for bringing an action on
a foreign judgment in this state, any person entitled to bring such
action may have a foreign judgment registered in any court of this state
having jurisdiction in such action.
3. A verified petition for registration shall set forth a copy of the
judgment to be registered, the date of its entry and the record of any
subsequent entries affecting it, all authenticated in the manner
authorized by the laws of the United States or of this state, and a
prayer that the judgment be registered. The clerk of the registering
court shall notify the clerk of the court which rendered the original
judgment that application for registration has been made, and shall
request him to file this information with the judgment.
4. At any time after registration the petitioner shall be entitled to
have summons issued and served upon the judgment debtor as in an action
brought upon the foreign judgment, in any manner authorized by the law of
this state for obtaining jurisdiction of the person.
5. If jurisdiction of the person of the judgment debtor cannot be
obtained, a notice clearly designating the foreign judgment and reciting
the fact of registration, the court in which it is registered, and the
time allowed for pleading, shall be sent by the clerk of the registering
court by registered mail to the last known address of the judgment
debtor. Proof of such mailing shall be made by the certificate of the
clerk.
6. At any time after the registration and regardless of whether
jurisdiction of the person of the judgment debtor has been secured or
final judgment has been obtained, a levy may be made under the registered
judgment upon any property of the judgment debtor which is subject to
execution or other judicial process for satisfaction of judgments.
7. If the judgment debtor fails to plead within thirty days after
jurisdiction over his person has been obtained, or if the court after
hearing has refused to set the registration aside, the registered
judgment shall become a final personal judgment of the court in which it
is registered.
8. Any defense, setoff or counterclaim which under the law of this state
may be asserted by the defendant in an action on the foreign judgment,
may be presented by appropriate pleadings and the issues raised thereby
shall be tried and determined as in other civil actions. Such pleadings
must be filed within thirty days after personal jurisdiction is acquired
or within thirty-five days after the mailing of the notice prescribed in
subsection 5.
9. If the judgment debtor shows that an appeal from the original judgment
is pending or that he is entitled to, and intends to appeal therefrom,
the court shall, on such terms as it deems just, postpone the trial for
such time as appears sufficient for the appeal to be concluded, and may
set aside the levy upon proof that the defendant has furnished adequate
security for satisfaction of the judgment.
10. An order setting aside a registration constitutes a final judgment in
favor of the judgment debtor.
11. An appeal may be taken by either party from judgment or order
sustaining or setting aside a registration on the same terms as an appeal
from a judgment or order of the same court.
12. If personal jurisdiction of the judgment debtor is not secured within
thirty days after the levy and he has not, within thirty-five days after
the mailing of the notice prescribed by subsection 5, acted to set aside
the registration or to assert a setoff or counterclaim the registered
judgment shall be a final judgment quasi in rem of the court in which it
is registered, binding upon the judgment debtor's interest in property
levied upon, and the court shall enter an order to that effect.
13. Sale under the levy may be held at any time after final judgment,
either personal or quasi in rem, but not earlier except as otherwise
provided by law for sale under levy on perishable goods. Sale and
distribution of the proceeds shall be made in accordance with the laws of
this state.
14. When a registered foreign judgment becomes a final judgment of this
state, the court shall include as part of the judgment interest payable
on the foreign judgment under the law of the state in which it was
rendered, and the cost of obtaining the authenticated copy of the
original judgment. The court shall include as part of its judgment court
costs incidental to the proceedings in accordance with the laws of this
state.
15. Satisfaction, either partial or complete, of the original judgment or
of a judgment entered thereupon in any other state shall operate to the
same extent as satisfaction of the judgment in this state, except as to
costs authorized by subsection 14.
16. The right of a judgment creditor to bring an action to enforce his
judgment instead of proceeding under this section remains unimpaired.
17. This section shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which enact
it.
18. This section may be cited as the "Uniform Enforcement of Foreign
Judgments Law". (L. 1951 p. 358 §§ 1 to 18)
(1974) "Supplemental judgment" purporting to make an original judgment
for alimony final which did not give husband notice or opportunity for
hearing violated husband's right to due process. Overman v. Overman (A.),
514 S.W.2d 625.
(1974) Held this section not unconstitutional as denying defendant due
process of law by depriving him of property prior to hearing on validity
of underlying claim. Bittner v. Butts (Mo.), 514 S.W.2d 556.
(1976) In proceedings by judgment creditor, under Illinois summary
judgment law, to enforce judgment, held that defendant's allegation that
judgment was based on affidavit containing fraudulent misstatements
alleged only intrinsic fraud and was not sufficient to authorize
equitable relief against enforcement of judgment under Illinois law and
therefore full faith and credit clause precluded any such collateral
inquiry by a Missouri Court. Young Electric, Inc. v. Susman (A.), 533
S.W.2d 625.
(1976) Held, a foreign judgment may be attacked for lack of jurisdiction
over the subject matter, failure to give due notice and fraud in the
procurement of jurisdiction. These are the attacks that can be made at
the time of application for registration of the foreign judgment. Corning
Truck and Radiator Service v. J.W.M., Inc. (A.), 542 S.W.2d 520.
(1976) Held, to vitiate a foreign judgment on grounds of fraud in the
procurement it must be shown that the fraud was extrinsic or collateral
to the issues tried. Intrinsic fraud is unavailing. Mekelburg v. Whitman
(A.), 545 S.W.2d 89.
1. Sections 511.770 to 511.787 may be cited as the "Uniform
Foreign Country Money-Judgments Recognition Act".
2. Sections 511.770 to 511.787 shall be so construed as to effectuate its
general purpose to make uniform the law of those states which enact it.
(L. 1984 H.B. 957 §§ 9, 8)
As used in sections 511.770 to 511.787:
(1) "Foreign country" means any governmental unit other than the United
States, or any state, district, commonwealth, territory, or insular
possession thereof;
(2) "Foreign country judgment" means any judgment of a foreign country
granting or denying recovery of a sum of money, other than a judgment for
taxes, a fine or other penalty, or a judgment for support in matrimonial
or family matters. (L. 1984 H.B. 957 § 1)
Sections 511.770 to 511.787 apply to any foreign country
judgment that is final and conclusive and enforceable where rendered even
though an appeal therefrom is pending or it is subject to appeal. (L.
1984 H.B. 957 § 2)
Except as provided in section 511.780, a foreign country
judgment meeting the requirements of section 511.775 is conclusive
between the parties to the extent that it grants or denies recovery of a
sum of money. The foreign country judgment is enforceable in the same
manner as the judgment of a sister state which is entitled to full faith
and credit. (L. 1984 H.B. 957 § 3)
1. A foreign country judgment is not conclusive if:
(1) The judgment was rendered under a system which does not provide
impartial tribunals or procedures compatible with the requirements of due
process of law;
(2) The foreign court did not have personal jurisdiction over the
defendant; or
(3) The foreign court did not have jurisdiction over the subject matter.
2. A foreign country judgment need not be recognized if:
(1) The defendant in the proceedings in the foreign court did not receive
notice of the proceedings in sufficient time to enable him to defend;
(2) The judgment was obtained by fraud;
(3) The claim for relief on which the judgment is based is repugnant to
the public policy of this state;
(4) The judgment conflicts with another final and conclusive judgment;
(5) The proceeding in the foreign court was contrary to an agreement
between the parties under which the dispute in question was to be settled
otherwise than by proceedings in that court; or
(6) In the case of jurisdiction based only on personal service, the
foreign court was a seriously inconvenient forum for the trial of the
action. (L. 1984 H.B. 957 § 4)
1. The foreign country judgment shall not be refused recognition
for lack of personal jurisdiction if:
(1) The defendant was served personally in the foreign country;
(2) The defendant voluntarily appeared in the proceedings, other than for
the purpose of protecting property seized or threatened with seizure in
the proceedings or of contesting the jurisdiction of the court over him;
(3) The defendant prior to the commencement of the proceedings had agreed
to submit to the jurisdiction of the foreign court with respect to the
subject matter involved;
(4) The defendant was domiciled in the foreign country when the
proceedings were instituted, or, being a body corporate had its principal
place of business, was incorporated, or had otherwise acquired corporate
status, in the foreign country;
(5) The defendant had a business office in the foreign country and the
proceedings in the foreign court involved a claim for relief arising out
of business done by the defendant through that office in the foreign
country; or
(6) The defendant operated a motor vehicle or airplane in the foreign
country and the proceedings involved a claim for relief arising out of
such operation.
2. The courts of this state may recognize other bases of jurisdiction
consistent with fairness and substantial justice in the context of
international commerce or relations. (L. 1984 H.B. 957 § 5)
If the defendant satisfies the court either that an appeal is
pending or that he is entitled and intends to appeal from the foreign
country judgment, the court may stay the proceedings until the appeal has
been determined or until the expiration of a period of time sufficient to
enable the defendant to prosecute the appeal. (L. 1984 H.B. 957 § 6)
Sections 511.770 to 511.787 do not prevent the recognition of a
foreign country judgment in situations not covered by sections 511.770 to
511.787. (L. 1984 H.B. 957 § 7)
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