By entering into a supersedeas bond, the surety submits to the jurisdiction of the trial court, and the liability may be enforced on motion for judgment thereon, without the necessity of an independent action. A copy of the motion, and such additional notice of the motion as the court requires, shall be served like a summons upon a surety who resides and can be found in the county where the judgment was entered or who maintains an office and agent in said county where and upon whom such service may be made. If the surety is not a resident who can be found in said county or if the surety maintains no office and agent for service there, at the time such motion is filed, by entering into such bond the surety shall be deemed to have irrevocably appointed the clerk of the trial court as agent upon whom any papers affecting the surety’s liability on the bond may be served; and the clerk shall forthwith mail copies of any such papers to such surety at the surety’s last known address, by registered or certified mail.
Rule 81.11.Supersedeas Bond--Enforcement of.
Part I · Rule 81: Appeals · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 81.11 lets a party enforce a supersedeas bond by simple motion in the trial court instead of a separate lawsuit, and it explains how the surety must be served, including by mail to the clerk when the surety can't be found in the county.
Full Text of Rule 81.11
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Plain-English Summary
By signing a supersedeas bond, a surety submits to the trial court's jurisdiction for whatever liability the bond creates. Rule 81.11 lets that liability be enforced by motion for judgment on the bond in the trial court, without the need for a separate lawsuit against the surety.
Service depends on where the surety can be found. If the surety resides in, can be found in, or maintains an office and agent in the county where the judgment was entered, the motion is served like a summons, along with whatever additional notice the court requires. If the surety cannot be found there and has no office and agent for service in the county, entering into the bond is treated as an irrevocable appointment of the trial court clerk as the surety's agent for service. In that situation, the clerk promptly mails copies of the papers affecting the surety's liability to the surety's last known address by registered or certified mail.
Frequently Asked Questions
How does a party collect on a supersedeas bond if the judgment is affirmed?
By filing a motion for judgment on the bond in the trial court; no separate lawsuit against the surety is required.
Do I need to sue the surety separately?
No. Rule 81.11 lets liability on the bond be enforced by motion in the same trial court.
How is the surety served with the motion?
Like a summons, if the surety resides, can be found, or maintains an office and agent in the county where the judgment was entered.
What if the surety can't be found in the county?
The surety is deemed to have appointed the trial court clerk as agent for service, and the clerk mails copies of the papers to the surety's last known address by registered or certified mail.
What does the surety agree to by signing the bond?
Submission to the trial court's jurisdiction for enforcement of liability on the bond.
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: enforce supersedeas bondsurety liability appeal bondmotion for judgment on bondserving a surety missouri