506.140. Who shall serve process — fees paid to special process server may be taxed as costs in a claim. — 1. Service of process, except as otherwise provided, shall be made by a sheriff, or such sheriff's deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the county in which such process is to be served; or some person, other than a sheriff or coroner, may be specially appointed by the court or the circuit clerk following procedures established by local court rules for service of process in any cause, but such appointment shall be valid for service of the process only for which such person was specially appointed.
2. A party may file an application to the court requesting that any fees paid to a special process server be awarded in any judgment entered in the action. The court may enter judgment in the reasonable amount of such fees.
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1955–2025 · leading case:
Worley v. Worley, 19 S.W.3d 127 (Mo. 2000).
Worley v. Worley, 19 S.W.3d 127 (Mo. 2000).
· cites it 6× “See section 506.140. 2 The trial court overruled Mother’s motion to quash service and to set aside the judgment.”
Maul v. Maul, 103 S.W.3d 819 (Mo. Ct. App. 2003).
· cites it 5× “or some person ... may be specially appointed by the court .”
Reisinger v. Reisinger, 39 S.W.3d 80 (Mo. Ct. App. 2001).
· cites it 4× “1994 unless otherwise indicated) provides: Service of process, except as otherwise provided, shall be made by a sheriff, or such sheriffs deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the…”
Multidata Sys. Int'l Corp. v. Zhu, 107 S.W.3d 334 (Mo. Ct. App. 2003).
· cites it 2× “Section 506.140 specifically provides that, “[a] party may file an application to the court requesting that any fees paid to a special process server be awarded in any judgment entered in the action.”
State ex rel. Degeere v. Appelquist, 748 S.W.2d 855 (Mo. Ct. App. 1988).
· cites it 2× “13(c) are §§ 506.140 and 506.170, respectively. These statutes are part of the Civil Code of Missouri.”
FOCUS BANK v. JANE MARIE SCOTT, 504 S.W.3d 904 (Mo. Ct. App. 2016).
· cites it 3× “banc 2000) (finding that because service of process had not been conducted in conformity with the provisions of section 506.140, RSMo 1994, the trial court’s entry of a default judgment was void and its failure to set aside was reversible error).”
State v. Weber, 814 S.W.2d 298 (Mo. Ct. App. 1991).
“The sheriff had the statutory duty to serve the protective order on defendant, § 506.140, and was required to make the return of service.”
State ex rel. Labor & Indus. Relations Comm'n v. Elliston, 779 S.W.2d 733 (Mo. Ct. App. 1989).
· cites it 2× “Service of the summons and petition upon a defendant of any class re *735 ferred, to in subdivision (1) or (3) of subsection 1 of this section may be made by the plaintiff or by any person authorized to serve process pursuant to section 506.140, by mailing a copy of the summons…”
Helton v. Bailey, 9 S.W.3d 760 (Mo. Ct. App. 2000).
“10 In like manner, Respondent’s contention that he was improperly served on August 19, 1998, because the process server was not appointed by either the court or clerk, see § 506.140, is not meritorious. This is because Respondent posed no challenge or objection to the service of…”
Stull v. Johnson, 280 S.W.2d 71 (Mo. 1955).
· cites it 2× “See Section 506.140. Plaintiff and other parties, in a motion to' dismiss, specifically made the objection that Section 527.”
Karen Coburn v. Kramer & Frank, P.C., 627 S.W.3d 18 (Mo. Ct. App. 2021).
· cites it 2× “in accordance with applicable law, in her subsequent briefing on Kramer & Frank’s Motion for Judgment on the Pleadings, she further explains that the process servers were not properly “appointed” because neither the circuit court nor the circuit clerk entered an order in the…”
Francis Wolo v. Christina Wolo, 701 S.W.3d 676 (Mo. Ct. App. 2024).
· cites it 2× “Specifically, Wife claims (1) the person who effectuated service in this case was not the special process server appointed by the trial court to serve the petition as required by section 506.140 1, and (2) Wife 1 All statutory references are to the Revised Statutes of Missouri…”
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