§ 872.330.Information Included In Publication; Judgment Based On Failure to Appear and Answer Following Service
Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 2. Summons · Enacted 1976 · no amendments on record · Last verified July 28, 2026
Full Text of § 872.330
Plain-English Summary
This section narrows what a publication has to cover, and narrows what a resulting default judgment can reach. Under subdivision (a), the plaintiff isn't required to publish notice as to every defendant or every parcel in the case -- the publication can name only the specific unknown defendants it's serving, and describe only the property those particular defendants have or claim an interest in.
Subdivision (b) is the tradeoff for that narrower publication: a judgment based on a defendant's failure to appear and answer after service under this section is conclusive only against the property described in the publication. If a defendant had an interest in other property covered by the action that wasn't described in that publication, a default judgment obtained this way doesn't reach it.
Frequently Asked Questions
Does a publication have to name every unknown defendant in the case?
No. Section 872.330(a) lets the publication name only the defendants being served by that particular publication.
Can a publication describe only part of the property involved in the lawsuit?
Yes, it may describe only the property in which the defendants being served by that publication have or claim an interest.
What does a default judgment based on this kind of publication cover?
Only the property described in the publication -- the judgment is conclusive against the named defendants solely as to that property.
Amendment History
Added by Stats. 1976, Ch. 73.