by admin | May 13, 2021 | Civil Procedure, Missouri
The prevailing party shall not be required to make an election between the return of the property or the payment of the value thereof assessed by the court or jury until the property is in the possession of the sheriff and notice thereof is given by the sheriff to the...
by admin | May 13, 2021 | Civil Procedure, Missouri
When the court or jury finds that a party not in possession of the property is entitled to possession of the property, the value of the property shall be determined and damages for the taking, detention or injury may be assessed. The judgment shall be against the...
by admin | May 13, 2021 | Civil Procedure, Missouri
If the court finds that a delivery or redelivery bond is not sufficient it may order a party to furnish a new bond. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property be returned to the party from whose...
by admin | May 13, 2021 | Civil Procedure, Missouri
Each surety on such bonds must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be sufficient surety for the amount for which the bond is given.Mo. R. Civ. P. 99.10Adopted April 4,...
by admin | May 13, 2021 | Civil Procedure, Missouri
As an alternative to filing a redelivery bond the defendant may file a written request for a hearing to determine the plaintiff’s right to possession of the property pending trial on the merits. The hearing shall be held within ten days after the filing of the...
by admin | May 13, 2021 | Civil Procedure, Missouri
If a redelivery bond is filed before delivery of the property to the plaintiff the defendant may retain the property. If a redelivery bond is filed after the property has been taken from the defendant an order shall be issued directing the sheriff to take possession...
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