Effective 28 Aug 1988

506.150. Summons and petition, how served — service by mail, authorized when — notice by mail and acknowledgment form. — 1. The summons and petition shall be served together. Service shall be made as follows:

(1) Upon an individual, including an infant or disabled or incapacitated person not having a legally appointed guardian or conservator, by delivering a copy of the summons and of the petition to him personally or by leaving a copy of the summons and of the petition at his dwelling house or usual place of abode with some person of his family over the age of fifteen years, or by delivering a copy of the summons and of the petition to an agent authorized by appointment or required by law to receive service of process;

(2) If the infant or disabled or incapacitated person has a legally appointed conservator, by serving a copy of the summons and of the petition on such conservator as provided in subdivision (1) of this subsection;

(3) Upon a domestic or foreign corporation or upon a partnership, or other unincorporated association, when by law it may be sued as such, by delivering a copy of the summons and of the petition to an officer, partner, a managing or general agent, or by leaving the copies at any business office of the defendant with the person having charge thereof, or to any other agent authorized by appointment or required by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant;

(4) Upon a domestic corporation that has been dissolved according to law, by delivering a copy of the summons and of the petition to the last registered agent of the corporation or upon the secretary of state, and if upon the secretary of state, the secretary of state shall send a copy of the summons and petition by registered mail, requesting a return receipt signed by addressee only, addressed to each member of the last board of directors of the corporation at the address of such directors, as shown by the secretary of state's records;

(5) Upon a public, municipal, governmental, or quasi-public corporation or body, by delivering a copy of the summons and of the petition to the clerk of the county commission in the case of a county, to the mayor or city clerk or city attorney in the case of a city, and to the chief executive officer in the case of any other public, municipal, governmental or quasi-public corporation or body. If there is, for the time being, no such officer as is specified by this subdivision, the court may designate an appropriate officer to whom the copies of the summons and petition may be delivered in order to effect service.

2. When a defendant shall acknowledge in writing, endorsed on the writ, signed by his own proper signature, the service of such writ, and waive the necessity of the service thereof by an officer, such acknowledgment shall be deemed as valid as service in the manner provided by law.

3. In all cases when the defendant shall refuse to hear the writ read or to receive a copy of the writ or petition, the offer of the officer to read the same or to deliver a copy thereof, and such refusal, shall be sufficient service of such writ.

4. Service of the summons and petition upon a defendant of any class referred 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 and petition by first-class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to the form contained in subsection 5 of this section and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this subsection is received by the sender within thirty days after the date of mailing, service of the summons and petition shall be made as otherwise provided by this section or supreme court rule. Unless good cause is shown for not doing so, the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within thirty days after mailing the notice and acknowledgment of receipt of summons.

5. The acknowledgment form required by subsection 4 of this section shall be substantially as follows:

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(L. 1943 p. 353 § 27, A.L. 1974 H.B. 1639, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 5, et al., A.L. 1988 S.B. 425)

(1975) Facts held to show adequate service on foreign corporation actually doing business in the state. Ward v. Cook United Inc. (A.), 521 S.W.2d 474.

(1986) The substitute service provided by subdivision (1) of subsection 1 of this section is not a substitute for service upon persons listed in subdivision (3) of subsection 1 of this section, providing method of service on corporations. Kirlin v. Dalco, 719 S.W.2d 516 (Mo.App.).