Legal Question in Credit and Debt Law in Missouri

Re: Process Server

In Missouri the process server is supposed to hand you the summons, and, if you are not home, the process server may leave it with anyone over fifteen residing at your address. In landlord-tenant cases, the process server may also "post" the summons which is usually done by taping it to the front door. I do not believe that it is proper for a process server to just leave the summons in your mailbox. The real problem is that the process server will file a "return" with the court which will probably say that you were served personally. If you want to contest the service, you may file a Motion to Quash service together with your affidavit that you were not served, but you or your lawyer would need to notice up your Motion and obtain a ruling from the Court. Sometimes we actually have hearings at which evidence is presented on this issue. If you do follow through with this process and win, the other side will probably try again, and might even try to have you served at the courthouse when you appear on your Motion. In many cases it is more practical to simply hire an attorney and deal with the underlying lawsuit. You may feel free to call me at the office if you would like to discuss this further.