When the court or jury finds that a party not in possession of the property is entitled to possession of the property, the value of the property shall be determined and damages for the taking, detention or injury may be assessed. The judgment shall be against the party and the party’s sureties for the return of the property or the value of the property, at the election of the party entitled to possession, and for damages assessed for the taking, detention or injury.
Rule 99.12.Party and Sureties, If Any--Findings and Judgment.
Part III · Rule 99: Replevin · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 99.12 requires the court or jury, on finding a party out of possession entitled to the property, to determine its value, permits damages for its taking or injury to be assessed, and requires judgment against the other party and sureties for its return or value plus any damages.
Full Text of Rule 99.12
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
The sources are prior Rules 99.11, 99.12, 99.13 and 99.14.
Plain-English Summary
This rule marks the finish line of a replevin case on the merits. Once the court or jury finds that the party who doesn't currently have the property is entitled to it, two more things have to be decided: what the property is worth, and what damages, if any, resulted from its taking, detention, or injury.
The judgment that follows runs not just against the losing party but against that party's sureties too — the same sureties who backed the delivery or redelivery bond under Rules 99.06 and 99.07. That is what gives those bonds their teeth: the winning party can look to the sureties, not just the losing party, to satisfy the judgment.
Notably, the judgment gives the prevailing party a choice: take the property back, or take its assessed value instead. That election, and how it must be made, is worked out in more detail in Rule 99.13, which follows directly on this rule's heels.
Frequently Asked Questions
What must the court or jury decide once it finds a party entitled to the property?
The value of the property and any damages for its taking, detention, or injury.
Who is the judgment entered against?
The party who was found not entitled to possession, and that party's sureties on the delivery or redelivery bond.
Does the winning party have to take the property back?
No. The judgment allows an election between getting the property back or receiving its assessed value instead.
Where is the election between property and value spelled out?
Rule 99.13 sets the procedure and timing for that election.
Can damages be awarded in addition to the property or its value?
Yes. The rule allows damages for taking, detention, or injury to be assessed alongside the return of the property or its value.
Why does the judgment run against the sureties too?
Because the sureties backed the bond that made the taking or retention of the property possible, so they share responsibility for satisfying the judgment.
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: replevin judgment Missourijudgment against suretiesvalue of property replevindamages in replevin case