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

Mo. Rev. Stat. § 429.240 (2026)

Judgment on personal service

✓ current as of May 2026
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  429.240.  Judgment on personal service. — When the debtor has been served with summons according to law, or appears to the action without service, the judgment, if for 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 satisfy such judgment and costs of suit, then the residue thereof be levied as provided in section 429.230.

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(RSMo 1939 § 3560)

Prior revisions: 1929 § 3170; 1919 § 7230; 1909 § 8226

Notes of Decisions
Cited in 5 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 6× “filed proceedings under Chapter XI of the Federal Bankruptcy Act. Pursuant to Rule ll-44(a) of said Act, proceedings in the circuit court were stayed until such stay was terminated by the Bankruptcy Court.”
Hertel Elec. Co. v. Gabriel, 292 S.W.2d 95 (Mo. Ct. App. 1956). · cites it 2× “58 shall be entered in accordance with Section 429.240 which shall be a personal judgment against defendant Gabriel and a lien against such definitely-fixed and properly-described portion of defendant Butter-worth’s tract, and (c) with directions that, if upon retrial such issue…”
Poore v. Int'l Paper Co., 455 S.W.2d 13 (Mo. Ct. App. 1970). · cites it 4× “We quote Section 429.240, V.A.M.S., entitled “Judgment on personal service”: "When the debtor has been served with summons according to law, or appears to the action without service, the judgment, if for the plaintiff, shall be against such debtor as in ordinary cases, with the…”
Twin Bridges Const. Co., Inc. v. Ferner, 700 S.W.2d 534 (Mo. Ct. App. 1985). “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). “§ 429.240; Rule 101.09. The first part of the judgments would have been in personam against the debtors-owners “as in ordinary cases;” the second part, to have been operative only if the property of the debtors-owners was insufficient to pay the judgments, would have been in rem…”
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