Each surety on such bonds must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be sufficient surety for the amount for which the bond is given.
Rule 99.10.Qualifications of Sureties.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.10 requires that each surety on a delivery or redelivery bond be either a corporation licensed to conduct surety business in Missouri or an owner of property in the state that the court finds sufficient to secure the bond.
Full Text of Rule 99.10
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The source is prior Rule 99.05. There is a change in that corporate sureties are authorized.
Plain-English Summary
Bonds only protect the parties they promise to protect if the sureties behind them can pay when called on. Rule 99.10 sets the bar for who qualifies as a surety on the delivery bond required by Rule 99.06 or the redelivery bond required by Rule 99.07. There are two paths: a corporation licensed to do surety business in Missouri, or an individual property owner in the state whose holdings the court finds sufficient to back the bond amount.
Allowing corporate sureties is itself a change from earlier practice, which apparently didn't authorize them. Opening the door to licensed surety companies gives parties an easy way to satisfy the bond requirement without having to find an individual willing to pledge personal property.
Either way, the court has the final say on whether a proposed surety is sufficient, tying this rule directly to the court's approval role in Rules 99.06 and 99.07. A bond backed by an unqualified or insufficient surety can be challenged, and Rule 99.11 sets out what happens when that challenge succeeds.
Frequently Asked Questions
Who can serve as a surety on a delivery or redelivery bond?
Either a corporation licensed to do surety business in Missouri, or a property owner in the state whose holdings the court finds sufficient.
Are corporate sureties allowed under Missouri's replevin rules?
Yes. Rule 99.10 authorizes them, a change from prior practice.
How does the court decide if an individual surety is sufficient?
By evaluating whether that person's property in Missouri is enough to secure the bond amount involved.
Does the surety have to reside in Missouri?
An individual surety qualifying by property ownership must own property within the state.
What happens if a surety later turns out not to qualify?
Rule 99.11 allows the court to require a new bond, and if none is furnished, to order the property returned.
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: surety qualifications Missouri replevincorporate surety bondwho can be a suretysufficient surety requirements