Cal. Civ. Code § 535.030
Service of summons — court date included in summons
Operative Text
1. Such summons shall be served as in other civil cases at least four days before the court date in the summons. The summons shall include a court date which shall not be more than twenty-one business days from the date the summons is issued unless at the time of filing the affidavit the plaintiff or plaintiff's attorney consents in writing to a later date. 2. In addition to attempted personal service, the plaintiff may request, and thereupon the clerk of the court shall make an order directing that the officer, or other person empowered to execute the summons, shall also serve the same by securely affixing a copy of such summons and the complaint in a conspicuous place on the dwelling of the premises in question at least ten days before the court date in such summons, and by also mailing a copy of the summons and complaint to the defendant at the defendant's last known address by ordinary mail at least ten days before the court date. 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 at the request of the plaintiff 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 no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure set forth in this section. 3. If the plaintiff does not request service of the original summons by posting and mailing as provided in subsection 2 of this section, and if the officer, or other person empowered to execute the summons, makes return that the defendant is not found, or that the defendant has absconded or vacated the defendant's usual place of abode in this state, the plaintiff may request the issuance of an alias summons and service of the same by posting and mailing in the time and manner provided in subsection 2 of this section. In addition, the plaintiff or an agent of the plaintiff who is at least eighteen years of age may serve the summons by posting and mailing a copy of the summons in the time and manner provided in subsection 2 of this section. Upon proof by affidavit of the posting and of the mailing of a copy of the summons or alias summons and the 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 no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure provided in subsection 2 of this section. 4. The defendant has ten days from the date of the judgment to file a motion to set aside the judgment or to file an application for a trial de novo and unless the judgment is set aside or an application for a trial de novo is filed within ten days, the judgment for possession will become final and the defendant will be subject to eviction from the premises without further notice. On the date judgment is rendered if the defendant is in default, the clerk of the court shall mail to the defendant at the defendant's last known address by ordinary mail a notice informing the defendant of the foregoing.
Missouri Revised Statutes § 535.030 governs how a summons must be served in eviction (unlawful detainer) proceedings and what happens when a defendant cannot be located. A summons must be delivered at least four days before the court date, and that court date must generally fall within twenty-one business days of the summons being issued. When a defendant cannot be personally served, the law allows alternative service through posting a copy on the dwelling and mailing a copy to the defendant's last known address, though this method limits the plaintiff's ability to obtain a money judgment if the defendant defaults. A defendant who receives a default judgment has ten days to seek to set it aside or request a new trial before the judgment for possession becomes final and eviction can proceed.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 535.030, landlords initiating eviction proceedings should ensure that the summons is served at least four days before the scheduled court date, which must generally be set within twenty-one business days of issuance unless a written consent to a later date is provided at filing. When a tenant cannot be located for personal service, compliant operators typically request the combined posting-and-mailing method described in the statute, understanding that this alternative service method precludes obtaining a money judgment against a defaulting defendant. Landlords who use an alias summons or have an agent (at least eighteen years old) perform posting and mailing should be prepared to submit the required affidavit of proof to the court before the judge will proceed to hear the case.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 535.030 provides tenants with important procedural protections in eviction cases, including the right to receive a summons at least four days before the court date and to have that date set within a defined window. If a default judgment is entered against a tenant, the statute gives that tenant ten days from the date of judgment to file a motion to set it aside or to apply for a trial de novo — missing this window means the judgment for possession becomes final and eviction can proceed without further notice. Tenants who believe service was improper, or who want to understand their options after a default judgment, may benefit from contacting a local tenant-rights organization or legal aid office familiar with Missouri eviction procedure under this section.
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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