Chapter 511 Judgments

511.785 - Appeals, stay of proceedings granted, when.

Steven Groce, Attorney Advertisement

If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.

(L. 1984 H.B. 957 § 6)

511.180 - Bar to petition for review.

If the plaintiff shall, at any time after such final judgment, serve the defendant, within any of the United States or the territories thereof, with notice of the suit and a copy of the judgment thereon, and such defendant shall not, within one year after such service, bring his petition for review, the court, on proof of the service of such notice, shall make an order that the judgment stand absolute.

(RSMo 1939 § 1248)

Prior revisions: 1929 § 1082; 1919 § 1533; 1909 § 2102

511.080 - Form of confession.

A statement in writing must be made, signed by the defendant, and verified by affidavit, to the following effect:

(1)It must state the amount for which the judgment may be rendered, and authorize the entry of judgment thereon;

(2)If it be for money due, or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due;

(3)If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same.

(RSMo 1939 § 1260)

Prior revisions: 1929 § 1094; 1919 § 1545; 1909 § 2114

511.280 - Specific performance of judgment.

In all cases where judgment is given for the conveyance of real estate or the delivery of personal property, the court may, by such judgment, pass the title of such property, without any act to be done on the part of the defendant.

(RSMo 1939 § 1255)

Prior revisions: 1929 § 1089; 1919 § 1540; 1909 § 2109

511.380 - Revival to take effect from rendition.

If a scire facias be issued after the expiration of the lien, and a judgment of revival is afterward rendered, such revival shall only take effect from the rendition thereof, and shall not prevail over intermediate encumbrances.

(RSMo 1939 § 1272)

Prior revisions: 1929 § 1107; 1919 § 1558; 1909 § 2127

511.780 - Judgment — not conclusive, when — need not be recognized, when.

1.A foreign country judgment is not conclusive if:

(1)The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2)The foreign court did not have personal jurisdiction over the defendant; or

(3)The foreign court did not have jurisdiction over the subject matter.

2.A foreign country judgment need not be recognized if:

(1)The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend;

(2)The judgment was obtained by fraud;

(3)The claim for relief on which the judgment is based is repugnant to the public policy of this state;

(4)The judgment conflicts with another final and conclusive judgment;

(5)The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or

(6)In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.

(L. 1984 H.B. 957 § 4)

511.680 - Failure of clerk to perform duty — penalty.

Any clerk failing to comply with the provisions of sections 511.630 to 511.670, or who shall fail to enter in said docket, within the time required, the judgments of associate circuit judges' courts, transcripts of which have been filed in his office, shall forfeit and pay to the party injured thereby the sum of one hundred dollars, to be recovered by civil action.

(RSMo 1939 § 1297)

Prior revisions: 1929 § 1133; 1919 § 1584; 1909 § 2153

511.480 - Execution and revival sued out where judgment was rendered — except magistrate judgments.

1.Sections 511.460 to 511.480 shall be deemed to authorize the court where such transcript shall be filed to issue executions on such judgment or decree and to exercise all powers incident to the judgment including judgment debtor proceedings, and a scire facias to revive such judgment or decree or lien.

2.Transcripts of judgments described in section 511.440 shall not authorize the courts where such transcripts shall be filed to issue executions thereon or to issue a scire facias to revive such judgments, but they shall issue and be sued out of the court where the original judgment or decree was rendered.

(RSMo 1939 § 1310, A.L. 1965 p. 659)

Prior revisions: 1929 § 1146; 1919 § 1597; 1909 § 2166

511.580 - Who may enter satisfaction.

Satisfaction may be entered by the plaintiff in person, by his attorney of record, or by his agent duly authorized, in writing, under the hand of the plaintiff.

(RSMo 1939 § 1287)

Prior revisions: 1929 § 1122; 1919 § 1573; 1909 § 2142

511.090 - Defendant identified to court.

Such statement and affidavits shall be filed, and the court shall render judgment for the amount confessed, and cause the same to be entered upon the records, first being satisfied of the identity of the defendant, if present, or, if not present, that he executed the same in writing, and made the affidavit herein required.

(RSMo 1939 § 1261)

Prior revisions: 1929 § 1095; 1919 § 1546; 1909 § 2115

511.190 - Judgment absolute after three years.

If such petition for review be not filed within three years after such final judgment is rendered, the same shall stand absolute, whether notice thereof be given or not.

(RSMo 1939 § 1249)

Prior revisions: 1929 § 1083; 1919 § 1534; 1909 § 2103

511.773 - Definitions.

As used in sections 511.770 to 511.787:

(1)"Foreign country" means any governmental unit other than the United States, or any state, district, commonwealth, territory, or insular possession thereof;

(2)"Foreign country judgment" means any judgment of a foreign country granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.

(L. 1984 H.B. 957 § 1)

511.390 - Scire facias before lien expires, effect of.

If a scire facias is issued to revive a judgment and lien before the expiration of the lien, and a judgment of revival is afterward rendered, although it may be after the expiration of the lien, yet the said lien shall prevail over all intermediate encumbrances.

(RSMo 1939 § 1273)

Prior revisions: 1929 § 1108; 1919 § 1559; 1909 § 2128

511.290 - Issuance of writs of possession by court.

The court may issue a writ of possession, if necessary, to the sheriff of the proper county, to put the party entitled into possession of such real or personal property, or may proceed by attachment or sequestration.

(RSMo 1939 § 1256)

Prior revisions: 1929 § 1090; 1919 § 1541; 1909 § 2110

511.690 - Assignment of judgments.

Judgments of courts of record for the recovery of money may be assigned, in writing, by the plaintiff and the assignees thereof, successively, which assignment shall be on or attached to the judgment, and attested by the clerk of the court or associate circuit judge, and, when so made and attested, shall vest the title to such judgment in each assignee thereof, successively.

(RSMo 1939 § 1300, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1136; 1919 § 1587; 1909 § 2156

511.590 - Satisfaction, where entered.

If the acknowledgment is made in court, it shall be entered of record; but if made before the clerk in vacation, it shall be entered on the minutes, signed by the party making it, and attested by the clerk.

(RSMo 1939 § 1288)

Prior revisions: 1929 § 1123; 1919 § 1574; 1909 § 2143

511.490 - Clerk — failure to perform duty — penalty.

Any clerk of a court who shall refuse or neglect, after tender of his fees for the same, to file and record such transcript and docket such judgment or decree, as in sections 511.440 to 511.480 directed, shall be liable on his official bond to any person damaged by reason of such refusal or neglect, in double the amount of damages sustained.

(RSMo 1939 § 1311)

Prior revisions: 1929 § 1147; 1919 § 1598; 1909 § 2167

511.330 - Exceptions to section 511.320.

Nothing contained in section 511.320 shall be so construed as to require a party to record a judgment or decree when a conveyance has been executed in pursuance thereof, and acknowledged or proved and deposited for record in the proper office within the time therein limited.

(RSMo 1939 § 1299)

Prior revisions: 1929 § 1135; 1919 § 1586; 1909 § 2155

511.230 - Judgment for defendant to be what.

If, upon the trial of a cause, judgment shall be for the defendant, or if the judgment be for the plaintiff, but for less than the original judgment, the defendant may also have judgment with costs against the plaintiff for such damages as justice shall require, as will reimburse him for moneys applied to the satisfaction of the original judgment and legal interest thereon, and which the plaintiff did not finally recover.

(RSMo 1939 § 1253)

Prior revisions: 1929 § 1087; 1919 § 1538; 1909 § 2107

511.030 - Judgment, against whom rendered, effect of — court's powers as to minor or disabled person.

1.Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the plaintiff or the defendant any affirmative or other relief to which he may be entitled.

2.If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of such person which is authorized pursuant to the provisions of chapter 475.

3.If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any contract or other transaction relating to such person's financial affairs or involving such person's estate if the court determines that the transaction is in the best interests of such person, provided the transaction is authorized pursuant to the provisions of chapter 475.

(RSMo 1939 § 1237, A.L. 1999 S.B. 386)

Prior revisions: 1929 § 1071; 1919 § 1522; 1909 § 2091

511.130 - Judgment interlocutory against only part of the defendants.

When there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may be entered against such as make default, and the cause may proceed against the others; but only one final judgment shall be given in the action.

(RSMo 1939 § 1243)

Prior revisions: 1929 § 1077; 1919 § 1528; 1909 § 2097

(2007) Section is invalid as being abrogated by Rule 74.01(b).Hagan v. Buchanan, 215 S.W.3d 252 (Mo.App.W.D.).

511.530 - Lien of judgment rendered by district No. 2 of Marion County circuit court.

The lien of the judgment of district number 2 of the circuit court of Marion County shall be the same as the lien of the judgments of district number 1 of the circuit court for the county of Marion, and shall be governed by the same laws.

(RSMo 1939 § 2430, A. 1949 H.B. 2119, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 14558; 1919 § 13737; 1909 § 4286

Effective 1-02-79

511.430 - Judgment of revival, when.

If upon the service of the scire facias or publication as aforesaid, the defendant, or any of his creditors, do not appear and show cause against reviving the judgment or decree, the same shall be revived, and the lien continued for another period of three years; and so on, from time to time, as often as may be necessary.

(RSMo 1939 § 1277)

Prior revisions: 1929 § 1112; 1919 § 1563; 1909 § 2132

511.630 - Clerks shall keep book for docketing judgments.

The clerks of courts of record shall keep in their respective offices a well-bound book for entering therein an alphabetical docket of all judgments and decrees.

(RSMo 1939 § 1294)

Prior revisions: 1929 § 1129; 1919 § 1580; 1909 § 2149

511.730 - Execution of delivery bond to plaintiff's judgment.

Bonds for the delivery of property levied upon by virtue of such executions shall be to the judgment plaintiff for the use of such assignee; and all suits and proceedings relating to such judgment, or against any officer on his bond, for neglect of duty relating thereto, may be against or upon the complaint of such assignee, as the case may require.

(RSMo 1939 § 1304)

Prior revisions: 1929 § 1140; 1919 § 1591; 1909 § 2160

511.775 - Judgment final — appeal not to affect.

Sections 511.770 to 511.787 apply to any foreign country judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.

(L. 1984 H.B. 957 § 2)

511.220 - If answer or motion filed, cause to proceed.

If the answer or motion is filed within the time so limited, the cause shall proceed as it would have done had the defendant appeared to the summons and filed his answer or motion to the petition; if not, the judgment shall be made absolute.

(RSMo 1939 § 1252, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1086; 1919 § 1537; 1909 § 2106

511.320 - Copy of judgment decreeing conveyance recorded — effect of failure to record.

1.In all cases where any court of record shall render final judgment, adjudging or decreeing a conveyance of real estate, or that any real estate pass, or shall render any final judgment quieting or determining the title to any real estate, the party in whose favor the judgment or decree is rendered shall cause a copy thereof to be recorded in the office of the recorder of the county wherein the lands passed or to be conveyed or the title to which is quieted or determined lie, within eight months after such judgment or decree is entered.

2.If such judgment or decree be not so recorded, it shall not be valid, except between the parties thereto and such as have actual notice thereof, and in all cases in which any defendant in any such judgment or decree shall have the right, by petition for review, to show good cause for setting aside such judgment or decree, within three years after such judgment or decree is rendered, and a copy of such judgment or decree is not filed for record within eight months as herein provided, such defendant shall be allowed two years and four months from the date of the filing of a copy of such judgment or decree for record in which to file such petition for review; provided, that nothing in this section shall be construed to affect the provisions of section 511.180.

(RSMo 1939 § 1298)

Prior revisions: 1929 § 1134; 1919 § 1585; 1909 § 2154

511.120 - When set aside.

Such judgment may, for good cause shown, be set aside at any time before the damages are assessed or final judgment rendered, upon such terms as shall be just.

(RSMo 1939 § 1240)

Prior revisions: 1929 § 1074; 1919 § 1525; 1909 § 2094

511.020 - Judgment defined.

A "judgment" is the final determination of the right of the parties in the action.

(RSMo 1939 § 1236)

Prior revisions: 1929 § 1070; 1919 § 1521; 1909 § 2090

(1977) Held, failure of judgment entered to mention two of fourteen defendants results in judgment not fully disposing of all parties and judgment is not appealable. Claspill v. Craig (A.), 546 S.W.2d 202.

511.420 - Publication of order.

The order shall be published in some newspaper printed in this state for three weeks, the last insertion to be two weeks before the commencement of the term at which the parties are required to appear.

(RSMo 1939 § 1276)

Prior revisions: 1929 § 1111; 1919 § 1562; 1909 § 2131

511.720 - Assignee to have right of action.

Any action or other proceeding, which the plaintiff in any judgment might have thereon, may be maintained in the name of the assignee.

(RSMo 1939 § 1303)

Prior revisions: 1929 § 1139; 1919 § 1590; 1909 § 2159

511.620 - Refusal of party to satisfy — proceedings.

If a person receiving satisfaction of a judgment or decree shall refuse within a reasonable time after request of the party interested therein to acknowledge satisfaction on the record, or cause the same to be done in the manner herein provided, the person so interested may, on notice given, apply to the court to have the same done, and the court may thereupon order satisfaction to be entered by the clerk, with like effect as if acknowledged as aforesaid; and the cost attending such acknowledgment shall be recovered of the party refusing by fee-bill, as in other cases.

(RSMo 1939 § 1291)

Prior revisions: 1929 § 1126; 1919 § 1577; 1909 § 2146

511.100 - Confession by attorney in fact.

A judgment by confession may also be rendered against any person for a debt owing upon a note, bond or bill of exchange, under his power of attorney therefor, acknowledged as required of deeds of land for record and filed in the court rendering the judgment, at the time of its rendition, together with the note, bond or bill of exchange, and the affidavit of the plaintiff that the debt is bona fide, for a fair and valuable consideration, and owing after allowing all just credits and setoffs.

(RSMo 1939 § 1262)

Prior revisions: 1929 § 1096; 1919 § 1547; 1909 § 2116

511.200 - Judgment set aside — contents of petition.

No such judgment shall be set aside unless the petition for review shall state the existence of the facts set forth in section 511.170, and that the petition of plaintiff, upon which the judgment complained of was obtained, is untrue in some material matter, setting it forth, or that he has and then had a good defense thereto, setting such defense forth, or both, and then only on condition that the defendant answer or direct a motion to the petition of plaintiff on which the judgment was rendered within a reasonable time, to be ordered by the court.Such petition for review shall be verified by affidavit of the defendant or his attorney of record.

(RSMo 1939 § 1250, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1084; 1919 § 1535; 1909 § 2104

511.300 - Effect of judgment for conveyance.

When an unconditional judgment shall be made for a conveyance, release or acquittance, and the party required to execute the same shall not comply therewith, such judgment shall be considered and taken to have the same operation and effect and be as available as if the conveyance, release or acquittance had been executed conformably to the judgment.

(RSMo 1939 § 1257)

Prior revisions: 1929 § 1091; 1919 § 1542; 1909 § 2111

511.700 - Payment to assignor, when valid.

Payments or satisfaction on such judgment to the assignor shall be valid, if made before notice of assignment to the judgment debtor, but not otherwise.

(RSMo 1939 § 1301)

Prior revisions: 1929 § 1137; 1919 § 1588; 1909 § 2157

511.600 - When made by agent, his authority to be filed.

When made by an agent, his authority shall be filed in the office of the clerk of the court where the acknowledgment is made.

(RSMo 1939 § 1289)

Prior revisions: 1929 § 1124; 1919 § 1575; 1909 § 2144

511.400 - Scire facias, how served and when triable.

The scire facias shall be served on the defendant or his legal representatives, terre tenants or other persons occupying the land, and be directed to and executed in any county in this state.All such cases shall be tried at the return term, except they are continued for cause.

(RSMo 1939 § 1274)

Prior revisions: 1929 § 1109; 1919 § 1560; 1909 § 2129

511.500 - Abstract of judgment filed with circuit clerk to establish lien on real property — priority of liens (counties and City of St. Louis).

No judgment hereafter rendered by any court shall be a lien on real estate situate in such counties or city not within a county, until an abstract of the judgment shall be entered in a record prepared and maintained in the manner prescribed by supreme court rule which shall be available for public inspection in the office of the circuit clerk, and which shall state: the names of the parties; the date of the judgment; the nature of the judgment or decree; the amount of the debt, damages and costs; and the satisfaction or other disposition thereof, with any necessary notes thereon.The liens of all judgments entered in such record, as provided in this section, shall have priority according to the sequence of and from the time of its respective entry into the record, such time being deemed within the period of time in which the abstract thereof should be furnished to or provided by the circuit clerk pursuant to the provisions of this chapter.

(RSMo 1939 § 1314, A.L. 1982 S.B. 484, A.L. 1992 H.B. 982 merged with S.B. 833, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 1150; 1919 § 1601; 1909 § 2170

511.010 - Term "real estate" construed.

The term "real estate", as used in this chapter, shall be construed to include all estate and interest in lands, tenements and hereditaments liable to be sold upon execution.

(RSMo 1939 § 1305)

Prior revisions: 1929 § 1141; 1919 § 1592; 1909 § 2161

511.110 - Interlocutory judgment entered upon default.

If the defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is required, an interlocutory judgment shall be given against him by default.

(RSMo 1939 § 1239)

Prior revisions: 1929 § 1073; 1919 § 1524; 1909 § 2093

511.310 - Damages in lieu of performance of judgment.

When complete justice cannot otherwise be done, the court may, on the petition of the party entitled to the benefit of a final judgment, cause an inquiry to be made by a jury of the amount of damages which ought to be paid in lieu of the performance of the judgment, and may render a judgment for the damages so assessed, and award execution thereon.

(RSMo 1939 § 1258)

Prior revisions: 1929 § 1092; 1919 § 1543; 1909 § 2112

511.210 - Petition, how served.

The petition of defendant shall be served on the plaintiff in the judgment or notice given by publication to him, or, if the plaintiff be dead, then on or to his legal representatives, in like time and manner as provided for the service or giving of notice in case of an original petition upon a defendant.

(RSMo 1939 § 1251)

Prior revisions: 1929 § 1085; 1919 § 1536; 1909 § 2105

511.610 - Effect of acknowledgment.

The acknowledgment so made shall forever discharge and release the judgment or decree.

(RSMo 1939 § 1290)

Prior revisions: 1929 § 1125; 1919 § 1576; 1909 § 2145

511.710 - Execution on assigned judgment, how issued.

In case of assignment, execution shall issue in the name of the original plaintiff, but shall be endorsed by the clerk or associate circuit judge to be for the use of the assignee.

(RSMo 1939 § 1302)

Prior revisions: 1929 § 1138; 1919 § 1589; 1909 § 2158

511.510 - Duty of clerk to furnish and enter abstracts — satisfaction of judgments — liability of clerk.

It shall be the duty of the clerks of any division of the circuit court to, within five days after the rendition of any final judgment in their respective division, enter an abstract of such judgment in the record as required in section 511.500; and the clerk shall immediately enter the same when the abstract aforesaid shall be furnished to such clerk by any party interested, or such party's agent; and each of the clerks and their sureties shall be respectively liable for any damage occasioned by any neglect to perform the duties hereby required of them respectively; and it is further provided that whenever any personal representative, guardian or conservator, or any party interested, or such party's agent, shall exhibit to the clerk of the court wherein such judgment may be recorded a receipt or certificate of the proper officer, stating that such judgment has been duly satisfied, then the circuit clerk shall, without further fee, enter satisfaction of such judgment in such clerk's office in the record as required in section 511.500.

(RSMo 1939 § 1315, A.L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 982 merged with S.B. 833, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 2003 H.B. 613)

Prior revisions:1929 § 1151; 1919 § 1602; 1909 § 2171

511.410 - Publication ordered, when.

If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived and the lien continued.

(RSMo 1939 § 1275)

Prior revisions: 1929 § 1110; 1919 § 1561; 1909 § 2130

511.740 - Submitting a controversy without action.

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties; the court shall thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

(RSMo 1939 § 1263)

Prior revisions: 1929 § 1097; 1919 § 1548; 1909 § 2117

511.640 - Docket shall contain what entries.

They shall, during every term, or within thirty days thereafter, enter in such docket all final judgments and decrees rendered at such term in alphabetical order, by the name of the person against whom the judgment or decree was entered; and if the judgment or decree be against several persons, it shall be docketed in the name of each person against whom it was recovered, in the alphabetical order of their names, respectively.

(RSMo 1939 § 1295)

Prior revisions: 1929 § 1130; 1919 § 1581; 1909 § 2150

511.440 - Transcript of judgment a lien in another county, when — procedure.

1.Judgments and decrees obtained in the supreme court or any district of the court of appeals or any United States court or any court of record in this state shall, upon the filing of a transcript thereof in the office of the clerk of the circuit court of any other county and indexing of such transcript as provided in subsection 2 of this section, be a lien upon the real estate of the person against whom such judgment or decree is rendered, situate in the county in which such transcript is filed.

2.Such judgment or decree as provided in subsection 1 of this section shall be entered in the record kept by the clerk of the circuit court having jurisdiction of civil causes within a county or a city not within a county, for judgments and decrees of the circuit court of such county as provided in section 511.500, except that the record of entry of such judgment or decree shall also include the name and location of the court that rendered such judgment or decree.

(RSMo 1939 § 1306, A. 1949 H.B. 2119, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1994 S.B. 424, A.L. 1999 S.B. 1, et al.)

Prior revisions: 1929 § 1142; 1919 § 1593; 1909 § 2162

511.540 - Death of a plaintiff, survival of judgment.

If one or more plaintiffs in a judgment or decree shall die before the same is satisfied or carried into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such deceased party, and if concerning real estate, to his or their heirs or devisees; and execution may be sued out in the name of the surviving plaintiff or plaintiffs, or legal representatives of the deceased plaintiff, for the benefit of himself or themselves, and the legal representatives of the deceased party; or the judgment or decree may be revived in the name of such legal representatives and the surviving plaintiffs, and execution sued out by them jointly.

(RSMo 1939 § 1281)

Prior revisions: 1929 § 1116; 1919 § 1567; 1909 § 2136

511.140 - Judgment by default, how proceeded on to final judgment.

Whenever an interlocutory judgment shall be rendered for the plaintiff by default nihil dicit, confession, or upon an issue of law, in any suit founded upon a written instrument, or upon a judgment of any court of record, and the demand is ascertained by such instrument or the record of any such judgment, the court shall assess the damages, and final judgment shall be given thereon.

(RSMo 1939 § 1244)

Prior revisions: 1929 § 1078; 1919 § 1529; 1909 § 2098

511.040 - Judgment on a counterclaim or cross-claim when court orders separate trials.

If the court orders separate trials as provided in section 510.180, judgment on a counterclaim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.

(L. 1943 p. 353 § 79)

511.240 - Sale of property to innocent purchaser not affected by vacating judgment.

No sale or conveyance of property for the satisfaction of any judgment, regularly made, shall be affected or prejudiced by the setting aside any judgment on the appearance of a defendant, as herein provided, if the property shall be in the hands of innocent purchasers.

(RSMo 1939 § 1254)

Prior revisions: 1929 § 1088; 1919 § 1539; 1909 § 2108

511.340 - Performance of judgment, enforcement.

When a judgment requires the performance of any other act than the payment of money, a certified copy of the judgment may be served upon the party against whom it is given, and his obedience thereto required.If he neglect or refuse, he may be punished by the court as for a contempt, by fine or imprisonment, or both, and, if necessary, by sequestration of property.

(RSMo 1939 § 1268)

Prior revisions: 1929 § 1102; 1919 § 1553; 1909 § 2122

(1976) Where circuit court reversed and held for naught the impeachment proceedings of city removing the city marshal, the city could not be held in contempt for failure to take affirmative action such as paying the marshal's salary and emoluments due during the period of suspension where these acts were not required specifically in the original judgment. State ex rel. City of Pacific v. Buford (A.), 534 S.W.2d 819.

511.650 - Further entries to be made in docket.

Such docket shall contain, in columns ruled for that purpose: First, the names of the parties; second, the date; third, the nature of the judgment or decree; fourth, the amount of debt, damages and costs; fifth, the book and page in which it is entered; sixth, a column for entering a note of the satisfaction or other disposition thereof.

(RSMo 1939 § 1296)

Prior revisions: 1929 § 1131; 1919 § 1582; 1909 § 2151

511.750 - Enforcement of judgment.

The judgment may be enforced in the same manner as if it had been rendered in an action, unless otherwise provided in the submission; and, in like manner, shall be with costs, and subject to an appeal or writ of error, unless otherwise provided in the submission.

(RSMo 1939 § 1264)

Prior revisions: 1929 § 1098; 1919 § 1549; 1909 § 2118

511.550 - Death of a defendant, survival of judgment.

When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.

(RSMo 1939 § 1282, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1117; 1919 § 1568; 1909 § 2137

Effective 1-02-79

511.450 - Judgment docketed and recorded, when.

As soon as such transcript shall be filed in the office of the clerk of the circuit court of any county, the clerk thereof shall forthwith enter the judgment or decree in the judgment docket of said court, in the same manner as is provided for entering judgments rendered in such court; and the clerk shall also record such transcript in a record to be kept for that purpose, and shall record, both in the judgment docket and upon the record of such transcript, the time of filing the same in his office.

(RSMo 1939 § 1307, A.L. 1999 S.B. 1, et al.)

Prior revisions: 1929 § 1143; 1919 § 1594; 1909 § 2163

511.050 - Judgment of non pros., when entered.

If the plaintiff shall fail to file his replication, or other pleading, within the time prescribed by law or the rules of practice of the court, and to serve the adverse party, or his attorney, with a copy thereof when the same is required, judgment of non pros. shall be given against him.

(RSMo 1939 § 1241)

Prior revisions: 1929 § 1075; 1919 § 1526; 1909 § 2095

511.150 - Assessment of damages.

In all cases of interlocutory judgments not provided for in sections 511.130 and 511.140, the plaintiff may, if he demand it, have a jury to assess his damages.If no jury be demanded the court shall assess the damages, or give the other relief asked in the petition, and final judgment shall be given thereon.

(RSMo 1939 § 1245)

Prior revisions: 1929 § 1079; 1919 § 1530; 1909 § 2099

(2007) Section is invalid as being abrogated by Rule 74.01(b).Hagan v. Buchanan, 215 S.W.3d 252 (Mo.App.W.D.).

511.350 - Liens on real estate established by judgment or decrees in courts of record, exception — associate circuit court, procedure required — no administrative amendments.

1.Judgments and decrees entered by the supreme court, by any United States district or circuit court held within this state, by any district of the court of appeals, by any circuit court and any probate division of the circuit court, except judgments and decrees rendered by associate, small claims and municipal divisions of the circuit courts, shall be liens on the real estate of the person against whom they are entered, situate in the county for which or in which the court is held.

2.Judgments and decrees rendered by the associate divisions of the circuit courts shall not be liens on the real estate of the person against whom they are rendered until such judgments or decrees are filed with the clerk of the circuit court pursuant to sections 517.141 and 517.151.

3.Judgments and decrees entered by the small claims and municipal divisions of the circuit court shall not constitute liens against the real estate of the person against whom they are rendered.

4.Notwithstanding any other provision of law, no judgments or decrees entered by any court of competent jurisdiction may be amended or modified by any administrative agency without the approval of a court of competent jurisdiction.

5.Notwithstanding subsection 4 of this section or any other law to the contrary, no judgments or decrees entered by any court of competent jurisdiction relating to child support orders may be amended or modified by any administrative agency without the approval of a court of competent jurisdiction.

(RSMo 1939 § 1269, A. 1949 H.B. 2119, A.L. 1973 S.B. 263, A.L. 1982 S.B. 484, A.L. 2001 S.B. 10, A.L. 2003 H.B. 613, A.L. 2007 S.B. 25)

Prior revisions: 1929 § 1103; 1919 § 1554; 1909 § 2123

511.250 - Motion to set aside judgment must be filed within three years.

Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.

(RSMo 1939 § 1267)

Prior revisions: 1929 § 1101; 1919 § 1552; 1909 § 2121

511.570 - Satisfaction of judgment.

When any judgment or decree is satisfied otherwise than by execution, the party in whose favor the same was rendered shall, immediately thereafter, enter an acknowledgment of satisfaction thereof in the court where the same was obtained, or before the clerk of such court in vacation.

(RSMo 1939 § 1286)

Prior revisions: 1929 § 1121; 1919 § 1572; 1909 § 2141

511.470 - Such liens to have the force of other judgment liens.

The lien created by sections 511.440 to 511.480 shall exist to the same extent and for the same time only as the lien of the judgment or decree in the county where the same was rendered; and a transcript of a judgment or decree reviving a judgment or decree, or the lien thereof, may be filed, docketed and recorded in the same manner and with like effect as an original judgment or decree.

(RSMo 1939 § 1309)

Prior revisions: 1929 § 1145; 1919 § 1596; 1909 § 2165

511.670 - Clerk to enter disposition of judgments.

When satisfaction of a judgment or decree shall be acknowledged or entered by order of the court, or satisfaction shall be made by execution, or such judgment or decree shall be vacated, the clerk shall enter upon the margin of the judgment or decree a memorandum of the disposition thereof, the date, and the book and page in which the evidence is entered or recorded.

(RSMo 1939 § 1293)

Prior revisions: 1929 § 1128; 1919 § 1579; 1909 § 2148

511.770 - Citation of law — purpose.

1.Sections 511.770 to 511.787 may be cited as the "Uniform Foreign Country Money-Judgments Recognition Act".

2.Sections 511.770 to 511.787 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(L. 1984 H.B. 957 §§ 9, 8)

511.370 - Scire facias to revive, may issue, when.

The plaintiff or his legal representative may, at any time within ten years, sue out a scire facias to revive a judgment and lien; but after the expiration of ten years from the rendition of the judgment, no scire facias shall issue.

(RSMo 1939 § 1271)

Prior revisions: 1929 § 1106; 1919 § 1557; 1909 § 2126

511.270 - Imperfections cured by amendment.

The omissions, imperfections, defects and variances in section 511.260 enumerated, and all others of a like nature, not being against the right and justice of the matter of the suit, and not altering the issues between the parties on the trial, shall be supplied and amended by the court where the judgment shall be given, or by the court into which such judgment shall be removed by writ of error or by appeal.

(RSMo 1939 § 1266)

Prior revisions: 1929 § 1100; 1919 § 1551; 1909 § 2120

511.070 - Confession of judgment entered, when.

A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner herein prescribed.

(RSMo 1939 § 1259)

Prior revisions: 1929 § 1093; 1919 § 1544; 1909 § 2113

511.170 - Petition for review, grounds.

When such interlocutory judgment shall be made and final judgment entered thereon against any defendant who shall not have been summoned as required by this chapter, or who shall not have appeared to the suit, or has been made a party as the representative of one who shall have been summoned or appeared, such final judgment may be set aside, if the defendant shall, within the time herein limited, appear, and by petition for review, show good cause for setting aside such judgment.

(RSMo 1939 § 1247)

Prior revisions: 1929 § 1081; 1919 § 1532; 1909 § 2101

511.778 - Enforceability of judgment, when.

Except as provided in section 511.780, a foreign country judgment meeting the requirements of section 511.775 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.The foreign country judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.

(L. 1984 H.B. 957 § 3)

511.560 - Judgment revived by or against administrator de bonis non.

If an executor or administrator be plaintiff or defendant in a judgment or decree, and shall die, resign or be dismissed before the same is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator de bonis non, in the manner aforesaid.

(RSMo 1939 § 1284)

Prior revisions: 1929 § 1119; 1919 § 1570; 1909 § 2139

511.760 - Uniform enforcement of foreign judgments law.

1.The following terms as used in this section shall mean:

(1)"Foreign judgment", any judgment, decree or order of a court of the United States or of any state or territory which is entitled to full faith and credit in this state;

(2)"Judgment debtor", the party against whom a foreign judgment has been rendered;

(3)"Levy", to take control of or create a lien upon property under any judicial writ or process whereby satisfaction of a judgment may be enforced against such property;

(4)"Register", to file and record a foreign judgment in a court of this state.

2.On application made within the time allowed for bringing an action on a foreign judgment in this state, any person entitled to bring such action may have a foreign judgment registered in any court of this state having jurisdiction in such action.

3.A verified petition for registration shall set forth a copy of the judgment to be registered, the date of its entry and the record of any subsequent entries affecting it, all authenticated in the manner authorized by the laws of the United States or of this state, and a prayer that the judgment be registered.The clerk of the registering court shall notify the clerk of the court which rendered the original judgment that application for registration has been made, and shall request him to file this information with the judgment.

4.At any time after registration the petitioner shall be entitled to have summons issued and served upon the judgment debtor as in an action brought upon the foreign judgment, in any manner authorized by the law of this state for obtaining jurisdiction of the person.

5.If jurisdiction of the person of the judgment debtor cannot be obtained, a notice clearly designating the foreign judgment and reciting the fact of registration, the court in which it is registered, and the time allowed for pleading, shall be sent by the clerk of the registering court by registered mail to the last known address of the judgment debtor.Proof of such mailing shall be made by the certificate of the clerk.

6.At any time after the registration and regardless of whether jurisdiction of the person of the judgment debtor has been secured or final judgment has been obtained, a levy may be made under the registered judgment upon any property of the judgment debtor which is subject to execution or other judicial process for satisfaction of judgments.

7.If the judgment debtor fails to plead within thirty days after jurisdiction over his person has been obtained, or if the court after hearing has refused to set the registration aside, the registered judgment shall become a final personal judgment of the court in which it is registered.

8.Any defense, setoff or counterclaim which under the law of this state may be asserted by the defendant in an action on the foreign judgment, may be presented by appropriate pleadings and the issues raised thereby shall be tried and determined as in other civil actions.Such pleadings must be filed within thirty days after personal jurisdiction is acquired or within thirty-five days after the mailing of the notice prescribed in subsection 5.

9.If the judgment debtor shows that an appeal from the original judgment is pending or that he is entitled to, and intends to appeal therefrom, the court shall, on such terms as it deems just, postpone the trial for such time as appears sufficient for the appeal to be concluded, and may set aside the levy upon proof that the defendant has furnished adequate security for satisfaction of the judgment.

10.An order setting aside a registration constitutes a final judgment in favor of the judgment debtor.

11.An appeal may be taken by either party from judgment or order sustaining or setting aside a registration on the same terms as an appeal from a judgment or order of the same court.

12.If personal jurisdiction of the judgment debtor is not secured within thirty days after the levy and he has not, within thirty-five days after the mailing of the notice prescribed by subsection 5, acted to set aside the registration or to assert a setoff or counterclaim the registered judgment shall be a final judgment quasi in rem of the court in which it is registered, binding upon the judgment debtor's interest in property levied upon, and the court shall enter an order to that effect.

13.Sale under the levy may be held at any time after final judgment, either personal or quasi in rem, but not earlier except as otherwise provided by law for sale under levy on perishable goods.Sale and distribution of the proceeds shall be made in accordance with the laws of this state.

14.When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it was rendered, and the cost of obtaining the authenticated copy of the original judgment.The court shall include as part of its judgment court costs incidental to the proceedings in accordance with the laws of this state.

15.Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this state, except as to costs authorized by subsection 14.

16.The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this section remains unimpaired.

17.This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

18.This section may be cited as the "Uniform Enforcement of Foreign Judgments Law".

(L. 1951 p. 358 §§ 1 to 18)

(1974) "Supplemental judgment" purporting to make an original judgment for alimony final which did not give husband notice or opportunity for hearing violated husband's right to due process. Overman v. Overman (A.), 514 S.W.2d 625.

(1974) Held this section not unconstitutional as denying defendant due process of law by depriving him of property prior to hearing on validity of underlying claim. Bittner v. Butts (Mo.), 514 S.W.2d 556.

(1976) In proceedings by judgment creditor, under Illinois summary judgment law, to enforce judgment, held that defendant's allegation that judgment was based on affidavit containing fraudulent misstatements alleged only intrinsic fraud and was not sufficient to authorize equitable relief against enforcement of judgment under Illinois law and therefore full faith and credit clause precluded any such collateral inquiry by a Missouri Court. Young Electric, Inc. v. Susman (A.), 533 S.W.2d 625.

(1976) Held, a foreign judgment may be attacked for lack of jurisdiction over the subject matter, failure to give due notice and fraud in the procurement of jurisdiction. These are the attacks that can be made at the time of application for registration of the foreign judgment. Corning Truck and Radiator Service v. J.W.M., Inc. (A.), 542 S.W.2d 520.

(1976) Held, to vitiate a foreign judgment on grounds of fraud in the procurement it must be shown that the fraud was extrinsic or collateral to the issues tried. Intrinsic fraud is unavailing.Mekelburg v. Whitman (A.), 545 S.W.2d 89.

511.787 - Recognition of judgment in situations not covered by uniform law.

Sections 511.770 to 511.787 do not prevent the recognition of a foreign country judgment in situations not covered by sections 511.770 to 511.787.

(L. 1984 H.B. 957 § 7)

511.660 - Space left to enter satisfaction.

The clerks of courts of record, in recording judgments or decrees, shall leave a space or margin on the record for entering a memorandum of the satisfaction or vacation of such judgment or decree.

(RSMo 1939 § 1292)

Prior revisions: 1929 § 1127; 1919 § 1578; 1909 § 2147

511.260 - Imperfections for which judgment will not be reversed or affected.

When a verdict shall have been rendered in any cause, the judgment thereon shall not be stayed, nor shall such judgment, nor any judgment after trial or submission, nor any judgment upon confession nihil dicit or upon failure to answer, nor any judgment upon a writ of inquiry of damages executed thereon, be reversed, impaired or in any way affected by reason of the following imperfections, omissions, defects, matters or things, or any of them, namely:

(1)For want of any writ, original or judicial;

(2)For any default or defect of process, or for misconceiving any process, or for awarding the same to the wrong officer, or for the want of any suggestion for awarding process, or for any insufficient suggestion;

(3)For any imperfect or insufficient return of any sheriff or other officer, or that the name of such officer is not signed to any return actually made by him;

(4)For any variance between the original writ and petition;

(5)For any mispleading, miscontinuance or discontinuance, insufficient pleading, jeofail or misjoining issue;

(6)For want of any warrant of attorney of either party, except in cases of judgment by confession, when such warrant is expressly required by law;

(7)For any party under twenty-one years of age having appeared by attorney, if the verdict or judgment be for him;

(8)For the want of any allegation or averment on account of which omission a motion could have been maintained;

(9)For omitting any allegation or averment without proving which the triers of the issue ought not to have given such a verdict;

(10)For any mistake in the name of any party or person, or in any sum of money, or in any description of any property, or in reciting or stating any day, month or year, when the correct name, sum or description shall have been once rightly alleged in any of the pleadings or proceedings;

(11)For a mistake in the name of any juror or officer;

(12)For the want of any venue if the cause was tried in the proper county;

(13)For any informality in entering a judgment or making up the record thereof, or in any continuance or other entry upon the record;

(14)For any other default or negligence of any clerk or officer of the court or of the parties, or of their attorneys, by which neither party shall have been prejudiced.

(RSMo 1939 § 1265, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1099; 1919 § 1550; 1909 § 2119

511.360 - Commencement, extent and duration of lien — applicability of duration of lien.

The lien of a judgment or decree shall extend as well to the real estate acquired after the rendition thereof, as to that which was owned when the judgment or decree was rendered.Such liens shall commence on the day of the rendition of the judgment, and shall continue for ten years, subject to be revived as herein provided; but when two or more judgments or decrees are rendered at the same term, as between the parties entitled to such judgments or decrees, the lien shall commence on the last day of the term at which they are rendered.The provisions of this section relating to the duration of the lien on real estate shall apply only to judgments or decrees rendered or revived after August 28, 1998, and, for all judgments or decrees entered prior to such date, the lien of such judgment or decree shall continue for three years from the date such lien commenced.

(RSMo 1939 § 1270, A.L. 2001 S.B. 10, A.L. 2002 H.B. 1768)

Prior revisions: 1929 § 1105; 1919 § 1556; 1909 § 2125

511.783 - Lack of personal jurisdiction not to affect judgment, when.

1.The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if:

(1)The defendant was served personally in the foreign country;

(2)The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;

(3)The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4)The defendant was domiciled in the foreign country when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign country;

(5)The defendant had a business office in the foreign country and the proceedings in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or

(6)The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a claim for relief arising out of such operation.

2.The courts of this state may recognize other bases of jurisdiction consistent with fairness and substantial justice in the context of international commerce or relations.

(L. 1984 H.B. 957 § 5)

511.160 - Damages not to exceed amount claimed.

Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on defendant; but in any other case, the court may grant him any relief consistent with the case made by the plaintiff and embraced within the issues.

(RSMo 1939 § 1246)

Prior revisions: 1929 § 1080; 1919 § 1531; 1909 § 2100

511.060 - When set aside.

The judgment may, for good cause shown, be set aside at any time within thirty days after it is entered, upon such terms as are just.