Missouri Service of Process Rules
Missouri
State Serve Rules
Additional Rules
Additional rules - TM
Certified mail counts as personal service, if returned accepted within 20 days (must include acknowledgment for them to sign with SASE and return.)
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Required in certain areas of the state
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
18
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Sheriff only
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail if posted
n/a
Mail if subserve
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
n/a
Eviction Posting Rules
Additional Rules
Additional rules - Servers
Posting is not permitted
Additional rules - TM
NO POST, mailing required for sub-service
Affidavit
Notary for Notice
n/a
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
n/a
Proof Specialists
Server/Marshal Required?
Sheriff
Sub-service is allowed (Unless the Client requests personal service only). The person being served needs to confirm they live with them and is at least 18. Please get a name.
Subpoena requires personal service.
Service by Refusal allowed. If the defendant refuses the documents, you can leave them in a conspicuous place after advising the documents are being left for them. Then mail a copy to the defendant via Certified Mail.
For a Business, you will be given a Registered Agent. If the Registered Agent is a company (CSC, CT, Corporate Creations, etc.) they will have an Intake Specialist or Clerk accept service. If no Registered Agent is provided, you can Serve an Officer of the company such as President, VP, SVP of Operations, etc. If in doubt, ask. If there are no officers, you can serve the person in charge.
If for records, normally you can serve a Custodian of Records. You can not just serve any employee. We need a full name and title of the person you serve.
Notary Required for the return or service or Affidavit (Some Clients want the Summons signed as well).
