When a prejudgment seizure of property is made, a written notice shall be served on the defendant advising the defendant of the right to file a delivery bond and of the right to request a hearing to determine the plaintiff’s right to possession of the property.
Rule 99.05.Prejudgment Seizure--Notice Required.
Part III · Rule 99: Replevin · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 99.05 requires that when property is seized before judgment in a replevin case, the defendant be given written notice of the right to file a delivery bond and to request a hearing on the plaintiff's right to possession.
Full Text of Rule 99.05
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is new.
Plain-English Summary
Taking someone’s property before a case is decided is a serious step, and Rule 99.05 makes sure the defendant hears about it promptly and knows what to do next. Once a prejudgment seizure occurs, the defendant must receive written notice explaining two options: post a redelivery bond to get the property back, or ask the court for a hearing on whether the plaintiff really has the better right to possess it.
This notice requirement sits between the seizure itself and the defendant’s response to it. Without it, a defendant could lose property to a sheriff’s seizure and have no clear idea how to challenge that or get it back quickly. The written notice puts both options — the redelivery bond under Rule 99.07 and the hearing under Rule 99.09 — squarely in front of the defendant.
The rule was amended in 1993, underscoring how central this notice is to fair prejudgment practice. Losing the use of your property while a lawsuit plays out is hard enough; Rule 99.05 makes sure you are not also left in the dark about how to respond.
Frequently Asked Questions
When is the notice under Rule 99.05 required?
Whenever there has been a prejudgment seizure of property in a replevin case — that is, the property was taken before the case was decided.
What must the notice tell the defendant?
That the defendant may file a delivery bond to get the property back and may request a hearing to challenge the plaintiff’s right to possession.
What happens if the defendant doesn't get this notice?
The defendant would be left without clear notice of available remedies after a prejudgment seizure, which is exactly what this rule is meant to prevent.
Is the notice the same thing as service of the lawsuit?
No. Service of the lawsuit itself is covered by Rule 99.02. This notice is specific to a prejudgment seizure of property.
What are the defendant's two options after receiving this notice?
File a redelivery bond under Rule 99.07 to regain the property, or request a hearing under Rule 99.09 on the plaintiff’s right to possess it.
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: prejudgment seizure notice Missourinotice of right to bond replevindefendant rights after property seizedreplevin hearing notice