Missouri State Process Service

$159 Routine - $209 Rush

Service of process in Missouri is governed by Missouri Rules of Civil Procedure, specifically Rules 54 and 55. Below is an overview of key points:

General Rules

Who Can Serve
- Service can be performed by:
  - A sheriff or deputy sheriff within the state.
  - A person specially appointed by the court.
  - A process server who is at least 18 years old, not a party to the case, and authorized by the court.
Methods of Service
- Personal Service:
  - Delivering a copy of the summons and petition to the defendant personally.
- Residential (Substituted) Service:
  - Leaving the documents at the defendant’s usual place of residence with a family member over the age of 15.
- Service by Mail:
  - Sending the summons and petition via certified mail, return receipt requested, to the defendant's address. Proof of receipt is required.
- Service by Publication:
  - Allowed when the defendant cannot be located after diligent efforts. Requires court approval and publication in a qualified newspaper.
Timeframe for Service
- Service must be completed within 30 days of issuance of the summons, though extensions may be granted by the court.

Special Provisions

Corporations and Businesses:
- Serve the registered agent, an officer, or a managing employee of the corporation.
- If no registered agent is available, service can be made upon the Missouri Secretary of State.
Out-of-State Defendants:
- Missouri allows service on defendants outside the state if they have sufficient minimum contacts with Missouri. This is often done via certified mail or under the Missouri Long-Arm Statute.
Military Members:
- Service on active-duty military members is subject to the Servicemembers Civil Relief Act (SCRA) protections.

Proof of Service

The person performing service must file an Affidavit of Service or Return of Service with the court, detailing:
- The method of service.
- Date, time, and place of service.

Person served (or relation to the defendant for substituted service).