Mo. Rev. Stat. » Chapter 429
Missouri Revised Statutes

Mo. Rev. Stat. § 429.230 (2026)

Judgment on constructive notice

✓ current as of May 2026
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  429.230.  Judgment on constructive notice. — When the debtor has not been served with summons according to law, and has not appeared, but has been lawfully notified by publication, the judgment, if for the plaintiff, shall be that he recover the amount of the indebtedness found to be due, and costs of suit, to be levied of the property charged with the lien therefor, which said property shall be correctly described in said judgment.

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(RSMo 1939 § 3559)

Prior revisions: 1929 § 3169; 1919 § 7229; 1909 § 8225

Notes of Decisions
Cited in 6 cases, 1956–1985 · leading case: Cork Plumbing Co. v. Martin Bloom Assocs., Inc., 573 S.W.2d 947 (Mo. Ct. App. 1978).
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Cork Plumbing Co. v. Martin Bloom Assocs., Inc., 573 S.W.2d 947 (Mo. Ct. App. 1978). · cites it 2× “When the debtor has been served with summons according to law, or appears to the action without service, the judgment, if for *955 the plaintiff, shall be against such debtor as in ordinary cases, with the addition that if no sufficient property of the debtor can be found to…”
Poore v. Int'l Paper Co., 455 S.W.2d 13 (Mo. Ct. App. 1970). · cites it 8× “Furthermore, we believe that Section 429.230, V.A.M.S., entitled “Judgment on constructive notice”, accepts notice by publication in mechanic’s lien matters and, when this type of service only is had upon the debtor, authorizes a judgment charging the property with the lien.”
Hertel Elec. Co. v. Gabriel, 292 S.W.2d 95 (Mo. Ct. App. 1956). · cites it 2× “-240 “the judgment, if for the plaintiff, shall be against [the] debtor as in ordinary cases, with the addition that if no sufficient property of the debtor can be found to satisfy such judgment and costs of suit, then the residue thereof be levied as provided in section 429.”
Trout's Investments, Inc. v. Davis, 482 S.W.2d 510 (Mo. Ct. App. 1972). · cites it 2× “Section 429.230 V.A.M.S. (Rule 101.08 V.A.”
Twin Bridges Const. Co., Inc. v. Ferner, 700 S.W.2d 534 (Mo. Ct. App. 1985). “” Both defendants having appeared and answered, the interplay of § 429.230 and § 429.240 requires that the judgment, if for the plaintiff, include a correct description “of the property charged with the lien.”
W. H. Powell Lumber Co. v. Fed. Land Bank Ass'n of Mountain Grove-Rolla, 561 S.W.2d 700 (Mo. Ct. App. 1978). “an amended judgment was entered by the court in the same language, save that the amended judgment described the property charged with the lien as required by § 429.230 and Rule 101.08. See Rules 74.-30(10) and 74.”
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