Upon breach of the condition of a bond given under this Rule 76, the obligee may file a motion in the court in which the action is pending for judgment on the bond against obligor and his sureties, or any of them. A copy of the motion, and a notice of the time and place for hearing shall be served pursuant to Rule 54 upon each person against whom a judgment on the bond is sought. Any judgment on the bond shall be for the amount of the actual damages resulting from the breach of its conditions, not to exceed the amount of the bond, together with obligee’s reasonable attorneys’ fees and costs.
Rule 76.26.Breach of Bond--Judgment.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.26 lets the person entitled to a bond given under Rule 76 file a motion for judgment against the obligor and sureties upon breach of the bond's conditions, after service of notice, with the judgment capped at actual damages up to the bond amount plus reasonable fees and costs.
Full Text of Rule 76.26
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 76.59.
Plain-English Summary
Rule 76 requires bonds in more than one situation — to retain personal property pending sale under Rule 76.14, or to obtain a stay or quashing of an execution under Rule 76.25, among others. Rule 76.26 provides the mechanism for enforcing any of those bonds once their conditions are broken.
When a bond's condition is breached, the person entitled to its protection — the obligee — can file a motion in the court where the action is pending, seeking judgment on the bond against the obligor, the sureties, or any of them individually. This is a motion within the existing case, not a separate lawsuit, keeping the enforcement efficient.
Due process still applies: a copy of the motion and notice of the hearing must be served under Rule 54 on each person against whom judgment on the bond is sought. And the resulting judgment has real limits — it can cover only the actual damages the breach caused, capped at the bond's face amount, plus the obligee's reasonable attorney's fees and costs. The rule does not allow a windfall beyond what the bond was written to secure.
Frequently Asked Questions
What triggers relief under this rule?
Breach of the condition of a bond given under Rule 76.
Who can seek judgment on a breached bond?
The obligee — the person the bond was given in favor of — who may file a motion for judgment against the obligor and sureties, or any of them.
Where is this motion filed?
In the court in which the action is pending.
What notice must be given before judgment can be entered on the bond?
A copy of the motion and notice of the time and place of the hearing must be served under Rule 54 on each person against whom judgment on the bond is sought.
How much can the judgment on the bond award?
The actual damages resulting from the breach, not to exceed the amount of the bond, plus the obligee's reasonable attorney's fees and costs.
Can judgment be entered against the sureties as well as the person who posted the bond?
Yes. The rule allows judgment against the obligor and his sureties, or any of them.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: bond breachjudgment on bondsurety liabilitymotion on execution bond