Cal. Civ. Code § 534.090
Serving of summons — service by mail — publication of notice
Operative Text
1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons. 2. If the summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against the defendant and to make an order directing that a copy of the summons be delivered to the defendant at the defendant's last known address by ordinary mail. If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his or her usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and complaint, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and ordinary mail procedure set forth in this section. If such summons is returned executed, then the judge shall set the case on the next available court date.
Missouri Revised Statutes § 534.090 governs how a summons must be delivered to a defendant in an unlawful detainer (eviction) proceeding. Standard service must occur at least four days before the court date. When ordinary service is not possible, the law allows alternative methods — posting notices on the property and in a public place for ten days, combined with mailing a copy of the summons to the defendant's last known address — after which a judge may proceed as though personal service had been completed, though a money judgment cannot be entered against a defaulting defendant under this alternative procedure.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 534.090, landlords initiating an eviction action are generally responsible for ensuring the summons is properly served at least four days before the scheduled court date. When a tenant cannot be located through ordinary service, a compliant operator typically works with the court to obtain an order authorizing the alternative posting-and-mail procedure, supported by an affidavit documenting that both steps were completed. Operators should be aware that even if the case proceeds under the alternative service method, no money judgment can be obtained against a defendant who defaults under that procedure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 534.090 establishes rules that protect defendants in eviction proceedings by requiring that a summons be served at least four days before the court date, giving tenants meaningful notice and time to respond. If a landlord uses the alternative posting-and-mail procedure instead of personal service, the law limits what a court can award — specifically, no money judgment may be entered against a tenant who defaults under that method. Tenants who believe proper service was not completed, or who have questions about how notice was delivered in their case, may wish to consult a tenant-rights organization or review the court record to understand what service method was used.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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