Missouri Revised Statutes

Chapter 533
Replevin

August 28, 2013




Action to recover specific personal property, procedure.

533.010. 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



Order of delivery.

533.020. 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.



Plaintiff to deliver bond before property can be taken--types of bonds authorized, requirements.

533.030. 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



Sheriff to take and deliver property to plaintiff unless bond given.

533.040. 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



Qualifications of sureties.

533.050. 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



Defendant not entitled to retain property, when.

533.060. 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



Bonds taken by sheriff, filed with clerk, when.

533.070. 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



Plaintiff--new bond ordered by court, when--failure to comply with order--procedure.

533.080. 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



Defendant--new bond ordered by court, when--failure to comply with order--procedure.

533.090. 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 order in sections 533.080 and 533.090 is made, duty of clerk.

533.100. 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



Plaintiff--failure to prosecute his suit after obtaining property--value of property--assessment.

533.110. 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



Judgment rendered against plaintiff and his sureties, when.

533.120. 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 plaintiff has not property, assessment of damages.

533.130. 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 defendant fails in his defense--assessment of damages.

533.140. 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



Party to elect, when.

533.150. 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



Duty of officer if property not delivered in ten days.

533.160. 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



Title of property vested, when.

533.170. 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



Enforcement of orders.

533.180. 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



Suit on bond, how and by whom brought.

533.190. 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



Right of action against sheriff barred, when.

533.200. 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



Court to allow charges for taking and delivering property.

533.210. 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



Sheriff and sureties liable, when.

533.220. 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



Issuance of execution--to whom directed.

533.230. 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



Replevin--who may hear.

533.240. 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



Value of property governs jurisdiction.

533.250. 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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