Missouri Laws 533.030 – Plaintiff to deliver bond before property can be taken — types of bonds ..
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.
Terms Used In Missouri Laws 533.030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes real and personal property. See Missouri Laws 1.020
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- United States: includes such district and territories. See Missouri Laws 1.020
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.