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| Home > Statutes > Usa-Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 533 Replevin
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If the plaintiff claim in his petition the possession of
specific personal property, he may, at the time of filing his petition,
or at any other time afterward, before the rendition of judgment in the
cause, file his affidavit, or the affidavit of some other person in his
behalf, showing:
(1) That the plaintiff is the owner of the property claimed, sufficiently
describing it, or is lawfully entitled to the possession thereof;
(2) That it is wrongfully detained by the defendant;
(3) The actual value thereof;
(4) That the same has not been seized under any process, execution or
attachment against the property of the plaintiff; and
(5) That plaintiff will be in danger of losing his said property, unless
it be taken out of the possession of the defendant, or otherwise secured.
(RSMo 1939 § 1788)
Prior revisions: 1929 § 1624; 1919 § 2072; 1909 § 2637
(1976) Admission made at pretrial conference answered question which
would have been subject of hearing required by this section and failure
to hold hearing did not result in denial of due process. Morris Plan Co.
v. Excelsior Estates, Inc. (Mo.), 540 S.W.2d 44.
Upon filing such affidavit, the court, or judge or clerk in
vacation, shall make an order requiring the defendant to deliver the
property specified in the affidavit to the sheriff, and requiring the
sheriff, if the same be not delivered to him, to take it from the
defendant and deliver it to the plaintiff. (RSMo 1939 § 1789)
Prior revisions: 1929 § 1625; 1919 § 2073; 1909 § 2638
(1974) Held, this section is not unconstitutional under Fuentes v.
Florida and subsequent hearing in the replevin action satisfies due
process. Associates Financial Services Company, Inc. v. Salky (A.), 510
S.W.2d 41.
1. The sheriff shall not receive or take such property until the
plaintiff shall deliver to him a bond, executed by two or more sufficient
sureties, approved by the sheriff, to the effect that they are bound to
the defendant in double the value of the property stated in the
affidavit, for the prosecution of the action with effect and without
delay, for the return of the property to the defendant, if return thereof
be adjudged, and, in default of such delivery, for the payment of the
assessed value of such property, and for the payment of all damages for
the taking and detention thereof, and for all costs which may accrue in
the action.
2. A financial institution or any person, firm or corporation may pledge
United States government and agency securities which are bearer bonds or
bearer securities as a replevin bond required by this chapter. The
securities so pledged shall not be subject to any other charge or lien
and shall be separately segregated in another depository institution that
is authorized to hold securities for safekeeping.
3. The court and sheriff, having jurisdiction as provided for in this
chapter, shall accept affidavits as a bond, in the following form:
(1) The style of the case by cause number;
(2) The dollar amount of the bond;
(3) The depository institution that will hold the securities as required
by subsections 2 and 3 of this section and include an affidavit from such
depository institution showing receipt of the securities and compliance
with this requirement; and
(4) A statement that the financial institution or any person, firm or
corporation will prosecute the action without delay. In the event of
delay, section 533.110 shall control.
4. A financial institution or any person, firm or corporation filing a
replevin bond and affidavit as required by subsection 2 shall:
(1) Return the property, if the return shall be required by a court
judgment, and in default of such delivery pay, if required by court
order: the assessed value of the property, all damages for the taking and
detention thereof, and/or all costs that may accrue in this action; and
(2) A final decision of the court dismissing this case or payment of
expense as provided for in section 533.120 shall render this bond and
affidavit void and otherwise unenforceable. (RSMo 1939 § 1790, A.L. 1982
H.B. 1289)
Prior revisions: 1929 § 1626; 1919 § 2074; 1909 § 2639
Upon such bond being executed as aforesaid, the sheriff shall
receive the property, or, if the same be not delivered, shall take the
property and deliver it to the plaintiff, unless, before such delivery to
the plaintiff, the defendant shall, with two or more sufficient sureties
to be approved by the sheriff, execute a bond to the plaintiff, to the
effect that they are bound in double the value of the property as stated
in the affidavit of the plaintiff, for the delivery of said property to
the plaintiff, if such delivery be adjudged and, in default of such
delivery, for the payment of the assessed value of such property, and for
the payment of all damages for injuries to the property, and for the
taking and detention or detention thereof, and all costs which may accrue
in the action. (RSMo 1939 § 1791)
Prior revisions: 1929 § 1627; 1919 § 2075; 1909 § 2640
Each of the sureties in such bonds must be a resident and
householder or freeholder within the state; they must be worth the amount
for which the bond is given, exclusive of property exempt from execution,
and after paying all debts. (RSMo 1939 § 1792)
Prior revisions: 1929 § 1628; 1919 § 2076; 1909 § 2641
If the plaintiff shall state in the affidavit made by him, as
provided by section 533.010, that the property was wrongfully taken, and
that his right of action accrued within one year, the defendant shall not
be entitled to retain such property by giving bond, as provided by
section 533.040, but the same shall be delivered to the plaintiff upon
his giving the bond required. (RSMo 1939 § 1793)
Prior revisions: 1929 § 1629; 1919 § 2077; 1909 § 2642
All bonds taken by the officer in virtue of the provisions of
sections 533.010 to 533.230, relating to the claim and delivery of
personal property, shall be filed with the clerk on or before the first
day of the term of court next after the same are taken. (RSMo 1939 § 1794)
Prior revisions: 1929 § 1630; 1919 § 2078; 1909 § 2643
If the court should, at any time before trial, be satisfied that
the bond of the plaintiff shall not be good and sufficient, an order
shall be made that the plaintiff give a new bond, with good and
sufficient sureties, within such time as the court in such order shall
direct; and upon his failing to comply with such order, the court shall
make a further order that the sheriff or other proper officer retake the
property and deliver it to the defendant, and that the plaintiff deliver
the same to the officer therefor, and that the cause be dismissed at the
costs of the plaintiff and his sureties in the bond. (RSMo 1939 § 1795)
Prior revisions: 1929 § 1631; 1919 § 2079; 1909 § 2644
If the court should in like time be satisfied that the bond of
the defendant shall not be good and sufficient, a like order shall be
made that the defendant give a new bond, with good and sufficient
sureties, within such time as the court in such order shall direct; and
upon his failing to comply with such order the court shall make a further
order that the proper officer retake the property and deliver it to the
plaintiff, and that the defendant deliver the same to the officer
therefor, and that the answer or other pleadings, if any, of defendant be
stricken out, and render such judgment for the plaintiff as the court may
by law render against the defendant and his sureties. (RSMo 1939 § 1796)
Prior revisions: 1929 § 1632; 1919 § 2080; 1909 § 2645
When any such order shall be made as provided for in sections
533.080 and 533.090, the clerk shall, without delay, deliver to the
proper officer an order for the retaking and delivery of such property to
the proper party, and for the delivery thereof to him therefor by the
party having it; which shall be directed and executed in like manner as
an order for the taking and delivery of property to the plaintiff in the
first instance, and shall be served on the party having the property, as
other orders. (RSMo 1939 § 1797)
Prior revisions: 1929 § 1633; 1919 § 2081; 1909 § 2646
If the plaintiff fail to prosecute his action with effect and
without delay, and shall have the property in his possession, and the
defendant in his answer claims the same and demands a return thereof, the
court or a jury may assess the value of the property taken, and the
damages for taking and detaining the same for the time such property was
taken or detained from defendant until the day of the trial of the cause.
(RSMo 1939 § 1798)
Prior revisions: 1929 § 1634; 1919 § 2082; 1909 § 2647
In such case, the judgment shall be against the plaintiff and
his sureties, that he return the property taken, or pay the value so
assessed, at the election of the defendant, and, also, pay the damages
assessed for the taking and detention of the property and costs of suit.
(RSMo 1939 § 1799)
Prior revisions: 1929 § 1635; 1919 § 2083; 1909 § 2648
If the plaintiff has not the property in possession, damages
shall be assessed as directed in section 533.110, for the taking or
detention, or both, as the case may be, of the property; and judgment
shall be rendered against the plaintiff and his sureties for the damages,
if any, and for costs of suit. (RSMo 1939 § 1800)
Prior revisions: 1929 § 1636; 1919 § 2084; 1909 § 2649
If the defendant fail in his defense, and have the property in
possession, the court or jury shall assess the value of the property, and
the damages for all injuries to the property, and for the taking and
detention, or detention, of the same, and the judgment shall be against
the defendant and his sureties, that he return the property or pay the
value so assessed, at the election of the plaintiff, and, also, pay the
damages so assessed and costs of suit. If the defendant have not the
property in possession, the court or jury shall assess the damages, and
the judgment shall be against the defendant and his sureties, for the
damages so assessed, and costs of suit; and in all cases the property
shall be presumed to be with the party who should have it, until the
contrary be shown. (RSMo 1939 § 1801)
Prior revisions: 1929 § 1637; 1919 § 2085; 1909 § 2650
(1972) Defendant's liability for interest is limited to period of actual
possession, not from date of taking to date of trial. Simmons v. Propane
Industrial, Inc. (A.), 488 S.W.2d 253.
A party shall not be required to make such election until the
property is delivered to the sheriff, on the proper process, and the
party have notice thereof. (RSMo 1939 § 1802)
Prior revisions: 1929 § 1638; 1919 § 2086; 1909 § 2651
If such property be not delivered to the officer within ten days
after process issued, he shall levy and make the assessed value thereof,
the damages and costs, of the property of the party against whom the
process issued. (RSMo 1939 § 1803)
Prior revisions: 1929 § 1639; 1919 § 2087; 1909 § 2652
In such case, the party's right to the property shall not be
impaired by levying the assessed value thereof on the property of the
other party and his sureties, or either of them; but if the property be
delivered to the sheriff, and the party elect to take the value assessed,
such election shall operate to vest all his right to the property in the
other party. (RSMo 1939 § 1804)
Prior revisions: 1929 § 1640; 1919 § 2088; 1909 § 2653
The court may enforce all orders for the delivery of property as
other orders of court are enforced. (RSMo 1939 § 1805)
Prior revisions: 1929 § 1641; 1919 § 2089; 1909 § 2654
If in any case it shall become necessary to sue upon any bond
given in virtue of sections 533.010 to 533.230, the same may be done by
civil action against the obligors, jointly or severally, in the name of
the party to whom the bond was given. (RSMo 1939 § 1806)
Prior revisions: 1929 § 1642; 1919 § 2090; 1909 § 2655
After the due execution of any bond taken in virtue hereof, the
parties to the action shall be barred of any right of action against the
sheriff, or other officer, for the seizure and delivery of such property.
(RSMo 1939 § 1807)
Prior revisions: 1929 § 1643; 1919 § 2091; 1909 § 2656
The court shall allow the proper officer reasonable charges for
the taking and delivery of property, as provided herein. (RSMo 1939 §
1808)
Prior revisions: 1929 § 1644; 1919 § 2092; 1909 § 2657
If the sheriff, or other officer, fail to take or return a bond,
as required by law, or if the bond taken is adjudged insufficient at the
term next after the same was taken, and be not made sufficient as herein
provided, he and his sureties shall be liable to the party injured for
all damages by him sustained, to be recovered by civil action, or by
civil action on the officer's official bond. (RSMo 1939 § 1809)
Prior revisions: 1929 § 1645; 1919 § 2093; 1909 § 2658
An execution may issue for the delivery of personal property to
the sheriff of the county where the property is situate, and shall
require him to deliver possession of the same, sufficiently describing
it, to the party entitled thereto; and shall, in all respects, be
governed by the rules governing executions in ordinary cases, so far as
the same may be applicable. (RSMo 1939 § 1810)
Prior revisions: 1929 § 1646; 1919 § 2094; 1909 § 2659
Circuit judges may hear and determine all actions brought for
the recovery of specific personal property. Associate circuit judges may
hear and determine without special assignment or transfer all actions
brought for the recovery of specific personal property when the value of
the property sought to be recovered and the damages claimed for the
taking or detention and for injuries thereto shall not exceed, in the
aggregate, the monetary amount established by law for those civil cases
which an associate circuit judge may hear and determine without special
assignment or transfer. If specially assigned or transferred, associate
circuit judges may hear and determine other cases for the recovery of
specific personal property with the procedure to be as in cases triable
before a circuit judge. (RSMo 1939 § 2934, A.L. 1945 p. 1083, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 2548; 1919 § 3096; 1909 § 7758
Effective 1-2-79
The value of the property, as set forth in the statement and
affidavit, shall fix the monetary amount so far as the value is concerned
which governs whether the case may be heard and determined by an
associate circuit judge without special assignment or transfer; but the
value of the property shall not be assessed against the defendant at a
greater amount than that sworn to by the plaintiff in his statement.
(RSMo 1939 § 2948, A.L. 1945 p. 1083, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2562; 1919 § 3110; 1909 § 7772
Effective 1-2-79
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