Missouri Revised Statutes













Chapter 393

Gas, Electric, Water, Heating and Sewer Companies

←393.553

Section 393.555.1

393.557→

August 28, 2015

Denial of access, filing of affidavit, contents--initial access order, procedure, becomes final order of access, when.

393.555. 1. Upon any denial of access, the utility company may institute

an action to acquire access to the utility meter by filing with the associate

circuit court of the county in which the residence is located, an affidavit

stating:



(1) The name of the utility customer in default;



(2) The address of the residence in which the utility meter is located;



(3) That the utility company is the owner of the utility meter involved;



(4) That an access demand notice has been mailed or delivered to the

utility customer in default, and attaching thereto a verified copy of such

access demand notice; and



(5) That there has been a denial of access to the utility meter.



2. Upon the filing of the affidavit required by subsection 1 of this

section by the utility company, the court shall issue an initial access order

requiring the utility customer in default to deliver access to the utility

meter to the sheriff, and requiring the sheriff to provide the utility

company with access to the utility meter. Such initial access order must be

entered within seven days of the filing of the affidavit. A copy of the

initial access order shall be delivered to the sheriff or court officer, who

shall, within five days after its issuance by the court, serve a copy of the

initial access order on the utility customer in default and file a return

with the court showing that service has been made. In addition to such

attempted personal service, the utility company may request, and thereupon

the judge, before whom the proceeding is commenced, shall forthwith make an

order directing that the sheriff or court officer shall also immediately serve

the same by securely affixing a copy of such initial access order in a

conspicuous place at the residence for at least ten days, and by also

immediately mailing a copy of the initial access order to the utility

customer in default at his last known address by ordinary mail and by

certified mail, return receipt requested, deliver to addressee only. If the

sheriff or other court officer shall return that the utility customer in

default is not found, or that he has absconded or absented himself from his

usual place of abode in this state, and if proof be made of the notice and of

the mailing of notice by ordinary mail and certified mail by affidavit of some

competent witness, the judge shall immediately proceed with the matter as if

there had been personal service of the initial access order. Each initial

access order shall notify the utility customer in default of the right of

such utility customer in default to post a bond and request a hearing

pursuant to section 393.557. The court may allow for a period of time from

the time of service, which period shall not exceed ten days, in which the

utility customer in default may post the bond required by section 393.557.

If no such bond is posted within the period thus established by the court,

then the initial access order shall automatically become a final order of

access at the close of business on the last day of such period.



(L. 1986 H.B. 1422 § 3)







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.