If a redelivery bond is filed before delivery of the property to the plaintiff the defendant may retain the property. If a redelivery bond is filed after the property has been taken from the defendant an order shall be issued directing the sheriff to take possession of the property and deliver it to the defendant.
Rule 99.08.Redelivery Bond--Effect of Filing.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.08 provides that a redelivery bond filed before the property is delivered to the plaintiff lets the defendant keep it, while a bond filed after delivery triggers a sheriff's order returning the property to the defendant.
Full Text of Rule 99.08
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
This is new.
Plain-English Summary
Rule 99.07 sets out the form of the redelivery bond and allows it to be filed either before or after delivery to the plaintiff. Rule 99.08 spells out what each timing does. File the bond before the sheriff hands the property to the plaintiff, and the defendant keeps it — the seizure never completes. File it after the property has already gone to the plaintiff, and the court issues an order directing the sheriff to take the property back and return it to the defendant.
This distinction gives the rule its practical bite. A defendant who moves fast, before delivery, avoids ever losing physical control of the property. A defendant who is slower off the mark, and only files the bond after delivery, still has a path back to the property — it just requires the sheriff to act a second time.
Either way, the redelivery bond is what makes the difference. Without it, the property stays with whichever party currently holds it under the earlier order of delivery, pending the outcome of the case.
Frequently Asked Questions
What happens if the redelivery bond is filed before delivery to the plaintiff?
The defendant may retain the property — the plaintiff never takes possession under the seizure.
What happens if the bond is filed after the property was already delivered to the plaintiff?
An order issues directing the sheriff to take the property from the plaintiff and deliver it back to the defendant.
Does the defendant need court approval to keep the property after filing the bond early?
The bond itself must be approved by the court under Rule 99.07; once approved and filed before delivery, the defendant may keep the property.
Can the sheriff be ordered to seize property twice in one case?
Yes. If a redelivery bond is filed after the property already went to the plaintiff, the sheriff is ordered to retrieve it and bring it back to the defendant.
Why does timing of the redelivery bond matter so much?
Because it determines whether the property ever leaves the defendant's hands at all, or whether it has to be physically returned by the sheriff.
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: effect of redelivery bond Missourikeep property after replevin seizuresheriff returns property to defendantredelivery bond timing