533.030. Plaintiff to deliver bond before property can be taken--types of bonds authorized, requirements.
Plaintiff to deliver bond before property can be taken--types of bondsauthorized, requirements.
533.030. 1. The sheriff shall not receive or take suchproperty until the plaintiff shall deliver to him a bond,executed by two or more sufficient sureties, approved by thesheriff, to the effect that they are bound to the defendant indouble the value of the property stated in the affidavit, for theprosecution of the action with effect and without delay, for thereturn of the property to the defendant, if return thereof beadjudged, and, in default of such delivery, for the payment ofthe assessed value of such property, and for the payment of alldamages for the taking and detention thereof, and for all costswhich may accrue in the action.
2. A financial institution or any person, firm orcorporation may pledge United States government and agencysecurities which are bearer bonds or bearer securities as areplevin bond required by this chapter. The securities sopledged shall not be subject to any other charge or lien andshall be separately segregated in another depository institutionthat is authorized to hold securities for safekeeping.
3. The court and sheriff, having jurisdiction as providedfor in this chapter, shall accept affidavits as a bond, in thefollowing 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 securitiesas required by subsections 2 and 3 of this section and include anaffidavit from such depository institution showing receipt of thesecurities and compliance with this requirement; and
(4) A statement that the financial institution or anyperson, firm or corporation will prosecute the action withoutdelay. In the event of delay, section 533.110 shall control.
4. A financial institution or any person, firm orcorporation filing a replevin bond and affidavit as required bysubsection 2 shall:
(1) Return the property, if the return shall be required bya court judgment, and in default of such delivery pay, ifrequired by court order: the assessed value of the property, alldamages for the taking and detention thereof, and/or all coststhat may accrue in this action; and
(2) A final decision of the court dismissing this case orpayment of expense as provided for in section 533.120 shallrender 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