Missouri Statute | Act | Code |Civil Procedure And Limitations| US Code - US Statute

1. The word "levy", as used in this chapter, shall be construed
to mean the actual seizure of property by the officer charged with the
execution of the writ.

2. The term "real estate", as used in this chapter shall be construed to
include all estate and interest in lands, tenements and hereditaments.
(RSMo 1939 §§ 1338, 1339)

Prior revisions: 1929 §§ 1174, 1175; 1919 §§ 1625, 1626; 1909 §§ 2194,
2195

The party in whose favor any judgment, order or decree is
rendered, may have an execution in conformity therewith. (RSMo 1939 §
1316)

Prior revisions: 1929 § 1152; 1919 § 1603; 1909 § 2172

Executions may issue upon a judgment at any time within ten
years after the rendition of such judgment. (RSMo 1939 § 1278)

Prior revisions: 1929 § 1113; 1919 § 1564; 1909 § 2133

CROSS REFERENCES: Execution from probate court on judgment against
plaintiff on claim against estate, RSMo 473.410

Such execution shall be a fieri facias against the goods,
chattels and real estate of the party against whom the judgment, order or
decree is rendered, and shall be to the following effect: The state of
Missouri, to the sheriff of the county of ....:

Whereas, A B, on the .... day of ...., in the year of our Lord nineteen
hundred and ...., at our court, hath recovered against C D, the sum of
...., for debt (or damages, as the case may be), and also for the sum of
.... which to the said A B were adjudged for his damages, as well as by
reason of detaining the said debt, as for his cost in that suit expended:
These are, therefore, to command you, that of the goods and chattels and
real estate of the said C D, you cause to be made the debt, damages and
costs (or damages and costs), and that you have the same before the judge
of said court, on the .... day of ...., to satisfy the debt, damages and
costs aforesaid (or damages alone and costs), and that you certify how
you execute this writ. Witness: E F, clerk of the said court, at ....,
this .... day of .... in the year .... E F, clerk. (RSMo 1939 § 1317)

Prior revisions: 1929 § 1153; 1919 § 1604; 1909 § 2173

Every execution issued from any court of record shall be made
returnable at the next succeeding term, unless the plaintiff, or person
to whose use the suit was brought, shall otherwise direct; then it shall
be the duty of the clerk issuing the same to make it returnable to the
second succeeding term. (RSMo 1939 § 1319)

Prior revisions: 1929 § 1155; 1919 § 1606; 1909 § 2175

Executions issued upon any judgment, order or decree rendered in
any court of record, may be directed to and executed in any county in
this state; and executions may issue at the same time to different
counties. (RSMo 1939 § 1320)

Prior revisions: 1929 § 1156; 1919 § 1607; 1909 § 2176

CROSS REFERENCE: Execution not to issue from court where transcript of
judgment of another court of record is filed, RSMo 511.480

Any party entitled to an execution from a court of record may
have it directed as provided in section 513.035, or, at his option, he
may have it directed to any sheriff in the state of Missouri; and such
execution may be levied, served and returned by any sheriff in this state
to whom it may be delivered within the county of which he is sheriff, in
like manner and with the same effect as if it had been specially directed
to him; but if no property, or not sufficient property to satisfy such
execution, can be found in such county, the sheriff, at the option of the
plaintiff, may make thereon a return of his proceedings and deliver it to
the plaintiff, his agent or attorney, who may deliver the same to the
sheriff of any other county in this state, who may levy, serve and return
the same, as if it had been directed to him. (RSMo 1939 § 1321)

Prior revisions: 1929 § 1157; 1919 § 1608; 1909 § 2177

The clerk shall, before delivering any execution issued by the
clerk, endorse thereon the debt, damages and costs, or damages and costs,
to be recovered, and shall maintain in his office record, and enter
therein an abstract of all executions issued out of his office, showing
the date, the names of the parties, amount of debt, damages and costs, or
damages and costs to what officer directed, when made returnable, the
return, if any, and a reference to the location of the record wherein the
judgment or decree whereon such execution issued is entered; and every
such clerk shall, moreover, keep a regular index to such abstract of
executions, indexed or arranged alphabetically, both by the name of the
plaintiff and defendant therein. (RSMo 1939 § 1322, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 1158; 1919 § 1609; 1909 § 2178

The several sheriffs and their deputies shall, upon the receipt
of a writ of execution, without fee for doing the same, endorse thereon
the day of the month and year when they receive the same. If two or more
writs shall be delivered on the same day, against the same persons, they
shall have equal rank, and be executed accordingly. (RSMo 1939 § 1344)

Prior revisions: 1929 § 1180; 1919 § 1631; 1909 § 2200

1. Hereafter when the property of any company, corporation, firm
or person shall be seized upon by any process of any court of this state,
or when their business shall be suspended by the action of creditors, or
be put into the hands of a receiver or trustee, then in all such cases
the debts owing to laborers or servants, which have accrued by reason of
their labor or employment, to an amount not exceeding one hundred dollars
to each employee, for work or labor performed within six months next
preceding the seizure or transfer of such property, shall be considered
and treated as preferred debts, and such laborers or employees shall be
preferred creditors, and shall be first paid in full; and if there be not
sufficient to pay them in full, then the same shall be paid to them pro
rata, after paying costs.

2. Any such laborer or servant desiring to enforce his or her claim for
wages under this section shall present a statement under oath showing the
amount due after allowing all just credits and setoffs, the kind of work
for which such wages are due, and when performed, to the officer, person
or court charged with such property, within ten days after the seizure
thereof on any execution or writ of attachment, or within thirty days
after the same may have been placed in the hands of any receiver or
trustee; and thereupon it shall be the duty of the person or court
receiving such statement to pay the amount of such claim or claims to the
person or persons entitled thereto, after first paying all costs
occasioned by the seizure of such property, out of the proceeds of the
sale of the property seized; provided, that any person interested may
contest any such claim or claims, or any part thereof, by filing
exceptions thereto, supported by affidavit, with the officer having the
custody of such property; and thereupon the claimant shall be required to
reduce his claim to judgment before some court having jurisdiction
thereof before any part thereof shall be paid. (RSMo 1939 § 1332)

Prior revisions: 1929 § 1168; 1919 § 1619; 1909 § 2188

The persons specified in section 513.470, in order to secure the
benefit thereof, shall commence their actions within six months next
after the last services shall have been rendered. (RSMo 1939 § 1333)

Prior revisions: 1929 § 1169; 1919 § 1620; 1909 § 2189

The court or jury trying such action shall, if they find for the
plaintiff, also find how much he or she is entitled to recover for
services, such as are specified in section 513.470, for which suit was
commenced, within the time limited in section 513.060, which facts shall
be set forth in the judgment rendered, and recited in the execution
issued thereon. (RSMo 1939 § 1334, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1170; 1919 § 1621; 1909 § 2190

Effective 1-2-79

When execution shall be issued against any person, as heir or
devisee, the officer to whom the same shall be directed, shall be
commanded only that of the goods and chattels which were of the ancestor
or testator at the time of his death, he cause to be made the debt,
damages and costs; and if sufficient goods and chattels cannot be found
in his county, then that of the real estate which was of the ancestor or
testator at the time of his death, he cause to be made the debt, damages
and costs or sum of money in such execution specified. (RSMo 1939 § 1318,
A. 1949 H.B. 2121)

Prior revisions: 1929 § 1154; 1919 § 1605; 1909 § 2174

No execution shall issue upon any judgment or decree rendered
against the testator or intestate in his lifetime, or against his
executors or administrators after his death, which judgment or decree
constitutes a demand against the estate of any testator or intestate,
within the meaning of the statute respecting executors and
administrators; but all such demands shall be classed and proceeded on in
the court having probate jurisdiction, as required by said statute. (RSMo
1939 § 1342)

Prior revisions: 1929 § 1178; 1919 § 1629; 1909 § 2198

Where a judgment shall have been or may hereafter be had in the
name of an executor or administrator, execution thereafter may be sued
out or an action thereon maintained by the administrator de bonis non,
upon his filing in the clerk's office of the court in which such judgment
was rendered a certified copy of his letters of administration de bonis
non. (RSMo 1939 § 1285)

Prior revisions: 1929 § 1120; 1919 § 1571; 1909 § 2140

No execution prior to the levy thereof shall be a lien on any
goods, chattels or other personal property, or the rights or shares in
any stock, or any real estate to which the lien of the judgment, order or
decree does not extend; and whenever an execution shall be levied upon
real estate, not then charged with the lien of the judgment, order or
decree upon which such execution issued, it shall be the duty of the
officer making such levy immediately to file with the recorder of deeds
of the city or county in which such real estate is situated a notice of
such levy, showing the date and style of the execution, the date of levy,
the amount of the debt and costs, and a description of the real estate
levied upon, which shall be recorded and indexed in a separate volume by
the recorder, in the same manner that deeds to real estate are required
to be recorded and indexed in a separate volume, and the recording fee
therefor shall be charged and collected as other costs; and the failure
of said officer to file said notice, as required by this chapter, shall
be a breach of his official bond, and any person injured by the failure
of the sheriff to file said notice shall have a right of action on said
bond. (RSMo 1939 § 1343)

Prior revisions: 1929 § 1179; 1919 § 1630; 1909 § 2199

The following property shall be liable to be seized and sold
upon attachment and execution issued from any court of record:

(1) All goods and chattels not herein exempted;

(2) All the rights and shares in the stock of any association, joint
stock company, bank, insurance company or other corporation;

(3) All current gold and silver coin, which shall be returned by the
officer as so much collected, without exposing the same to sale;

(4) Any bills, or other evidences of debt, issued by any moneyed
corporation, or by the government of the United States, this state, or
any other state, belonging to any person against whom an execution shall
be issued, at the time such writ shall be delivered to the officer, or at
any time thereafter;

(5) All real estate whereof the defendant, or any person for his use, was
seized, in law or equity, at the time of the issue and levy of the
attachment, or rendition of the judgment, order or decree whereon
execution was issued, or at any time thereafter. (RSMo 1939 § 1336)

Prior revisions: 1929 § 1172; 1919 § 1623; 1909 § 2192

The person against whom any execution shall be issued may elect
what property, real or personal, shall be sold to satisfy the same; and
if he give to the officer a list of the property so selected sufficient
to satisfy such execution, the officer shall levy upon the property, and
no other, if in his opinion it is sufficient; if not, then upon such
additional property as shall be sufficient. (RSMo 1939 § 1347)

Prior revisions: 1929 § 1183; 1919 § 1634; 1909 § 2203

The person whose goods, chattels and real estate are taken in
execution may elect what part thereof shall be first sold; and if he
shall deliver to the officer having charge thereof a statement, in
writing, of such election, three days before the day appointed for the
sale, stating specifically what goods, chattels and real estate he
desires to be first sold, and so on, until the execution be satisfied,
the officer shall proceed according to such election, until sufficient
money shall be made to satisfy the amount in the execution specified and
costs. (RSMo 1939 § 1351)

Prior revisions: 1929 § 1187; 1919 § 1638; 1909 § 2207

All account books, accounts, notes, bills, bonds, certificates
of deposit and other evidences of debt belonging to a debtor shall be
liable to seizure, and when seized, shall be placed in the hands of a
suitable person, to be appointed by the court, or judge thereof in
vacation, as a receiver, who shall take the same oath, execute like bond,
have and perform the same powers and duties, and be subject with his
sureties, to the same provisions and penalties in all respects, as in the
case of a receiver and his sureties, appointed in virtue of the statute
providing for suits by attachment. (RSMo 1939 § 1340)

Prior revisions: 1929 § 1176; 1919 § 1627; 1909 § 2196

When a receiver is not appointed, the officer holding the
execution shall have all the powers and perform all the duties of a
receiver under section 513.105, and may commence and maintain actions in
his own name as such officer, on debts or evidences of debt seized. He
may in such cases be required to give security other than his official
bond, but if not so required, the sureties on his official bond shall be
held liable, as in other cases of his official action. (RSMo 1939 § 1341)

Prior revisions: 1929 § 1177; 1919 § 1628; 1909 § 2197

When an execution shall be issued against any person, being the
owner of any shares or stock in any bank, insurance company or other
corporation, it shall be the duty of the cashier, secretary or chief
clerk of such bank, insurance company or other corporation, upon the
request of the officer having such execution, to furnish him with a
certificate, under his hand, stating the number of rights or shares the
defendant holds in the stock of such bank, company or corporation, with
the encumbrance thereon. (RSMo 1939 § 1345)

Prior revisions: 1929 § 1181; 1919 § 1632; 1909 § 2201

The officer upon obtaining such information, or in any other
manner, may make a levy of such execution on such rights or shares by
leaving a true copy of such writ with the cashier, secretary or chief
clerk; and if there be no such officer, then with some officer of such
bank, association, joint stock company or corporation, with an attested
certificate by the officer making the levy that he levies upon and takes
such rights and shares to satisfy such execution. (RSMo 1939 § 1346)

Prior revisions: 1929 § 1182; 1919 § 1633; 1909 § 2202

When any rights or shares of stock in any bank, association,
joint stock company or corporation shall be sold, the officer making such
sale shall execute an instrument in writing, reciting the sale and
payment of the consideration, and conveying to the purchaser such rights
and shares, and shall also leave with the cashier, secretary or chief
clerk, or, if there be none, with any other officer of such bank,
association, joint stock company or corporation, a copy of the execution
and his return thereon; and the purchaser shall thereupon be entitled to
all dividends and stock, and to the same privileges as a member of such
company or corporation as such debtor was entitled to. (RSMo 1939 § 1374)

Prior revisions: 1929 § 1210; 1919 § 1661; 1909 § 2230

1. When personal property, or any shares in any bank,
association, joint stock company or corporation, or other effects, shall
be seized by virtue of any execution, and any person other than the
debtor in the execution shall, in writing, verified by affidavit of
himself or some credible person, claim such property, or any part
thereof, and shall in such claim set forth the right, title or interest
of such claimant in and to such property, or any part thereof, and
deliver such written claim to the officer making such seizure, such
officer shall at once deliver a copy of such written claim to the
execution creditor or his attorney of record; and if such execution
creditor shall fail, within a reasonable time thereafter, to execute and
deliver or tender to such officer a bond, payable to the state of
Missouri, with one or more sufficient sureties, residents of the county,
to be approved by the officer, conditioned to indemnify such officer and
claimant against all damages and costs that may accrue to such officer,
or to such claimant, by reason of the seizure and sale of such property,
the officer shall abandon such levy and release the property to the
claimant.

2. If the execution creditor shall execute and deliver such bond to the
officer, the claimant may, at any time before the sale of the property,
take possession thereof, upon executing and delivering to the officer a
bond, with one or more sufficient sureties, resident of the county, to be
approved by him, payable to the state of Missouri, and conditioned that
the property shall be safely kept and preserved from damage, and be
forthcoming when and where the court shall direct, and for the payment of
all costs that shall in the matter of such claim be adjudged against the
claimant.

3. Such bonds may be sued on, at the instance of any person injured, in
the name of the state, to the use of such person, for any breach of the
condition of such bonds; and the damage which such person shall sustain
shall be recovered thereon, if the execution creditor shall give bond, as
provided in this section. (RSMo 1939 § 1348)

Prior revisions: 1929 § 1184; 1919 § 1635; 1909 § 2204

1. The officer shall return the claim, and such bond or bonds as
shall have been taken by him, to the court to which the execution may be
returnable, on or before the first day of the next term thereof, and the
clerk shall enter the matter upon the docket, as near as may be, as civil
cases are docketed, and the matter shall, unless continued for cause, be
tried at the term at which the claim is returned.

2. The execution creditor shall answer or direct a motion to the claim
returned by the officer on or before the second day of the term, and the
claimant may reply to the answer within such time as may be directed by
the court; and all proceedings in relation to such claim shall be
governed, as far as practicable, by the law relating to pleadings and
practice in civil actions.

3. If the execution creditor shall fail to answer or direct a motion, as
herein provided, or the judgment shall be in favor of the claimant, the
court shall by its order direct the officer to release such property to
the claimant, and shall enter judgment for costs against the execution
creditor and his sureties.

4. If the judgment shall be for the execution creditor, it shall be
against the claimant and his sureties in like manner, and the court shall
order the property sold, and a certified copy of such order shall be
delivered to the officer, and shall have the force and effect of and be
proceeded upon as special execution. (RSMo 1939 § 1349, A. 1949 H.B. 2121)

Prior revisions: 1929 § 1185; 1919 § 1636; 1909 § 2205

Personal property shall in all cases be subject to execution on
a judgment against the purchaser for the purchase price thereof, and
shall in no case be exempt from such judgment and execution, except in
the hands of an innocent purchaser, for value, without notice of the
existence of such prior claim for the purchase money. (RSMo 1939 § 1335)

Prior revisions: 1929 § 1171; 1919 § 1622; 1909 § 2191

No goods and chattels or other personal effects, seized and
taken by virtue of any execution, attachment or replevin, shall be sold,
until the officer having charge of the writ shall have given ten days'
notice of the time and place of sale, and of property to be sold, by at
least three advertisements, put up in public places in the township in
which the sale is to be made; provided, however, that when any property
shall have been actually seized by virtue of either of said writs of
execution, attachment or replevin, which is in a perishable condition, or
is likely to perish or depreciate in value to any considerable extent
before such ten days' notice would expire, then the court may order such
property sold by the officer in charge of such writ and property, without
notice, for cash, and to the best interests of the parties to such suit,
and account for the proceeds to the court before whom such suit is
pending. (RSMo 1939 § 1352, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1188; 1919 § 1639; 1909 § 2208

Effective 1-2-79

When the purchaser of any goods or chattels shall pay the
purchase money, the officer selling the same shall deliver him such
property, and, if desired, shall execute an instrument of writing,
testifying the sale and payment of the purchase money, and conveying to
such purchaser all the right, title and interest which the debtor had in
and to the property sold, on the day the execution was levied thereon.
(RSMo 1939 § 1371)

Prior revisions: 1929 § 1207; 1919 § 1658; 1909 § 2227

When the officer charged with the service of an execution shall
levy it upon personal property, the defendant may retain possession
thereof until the day of sale, by giving bond, in favor of the plaintiff,
with sufficient security, to be approved by the officer, in double the
value of such property, conditioned for the delivery of the property to
such officer at the time and place of sale, to be named in such
condition. (RSMo 1939 § 1353)

Prior revisions: 1929 § 1189; 1919 § 1640; 1909 § 2209

If the property be not delivered according to the condition of
the bond, the levy shall remain a lien upon the property taken for the
satisfaction of the judgment, into whose possession soever the property
may pass. (RSMo 1939 § 1354)

Prior revisions: 1929 § 1190; 1919 § 1641; 1909 § 2210

When the condition of the bond shall be broken, as mentioned in
section 513.160, the officer may seize any property of the defendant
subject to the execution, and sell the same, if personal property, on
three days' notice; if real estate, on ten days' notice to satisfy the
judgment. (RSMo 1939 § 1355)

Prior revisions: 1929 § 1191; 1919 § 1642; 1909 § 2211

If the condition of the bond be broken, and the execution
returned unsatisfied, the defendant and his sureties shall be deemed to
have notice of the facts, and the plaintiff, without further notice, may,
on the first or any subsequent day of the return term of the execution,
move the court for judgment on the bond against the defendant and his
sureties, or any of them; or the plaintiff may, at his option, bring suit
upon the bond. (RSMo 1939 § 1356)

Prior revisions: 1929 § 1192; 1919 § 1643; 1909 § 2212

If any controversy arise on the motion, it shall be heard and
determined in a summary way, without the form of pleading; and unless the
demand be avoided, a judgment shall be rendered thereon without delay,
according to the circumstances, as follows: If the value of the property
so levied on, and not delivered at the day of sale, be less than such
amount, the judgment shall be for the value of the property not so
delivered, with ten percent damages for the delay, and costs in both
cases. (RSMo 1939 § 1357)

Prior revisions: 1929 § 1193; 1919 § 1644; 1909 § 2213

No second delivery bond shall be taken in behalf of a defendant
so failing to comply with the first, nor shall any such bond be taken of
a surety upon a judgment founded on such bond. (RSMo 1939 § 1358)

Prior revisions: 1929 § 1194; 1919 § 1645; 1909 § 2214

Every delivery bond shall be returned with the execution; and if
the officer fail to return the same, or the same be adjudged insufficient
at the return term of the execution, he shall stand as surety for the
defendant, for the delivery of the property levied on, and may be
proceeded against as such. (RSMo 1939 § 1359)

Prior revisions: 1929 § 1195; 1919 § 1646; 1909 § 2215

If there be sufficient time, the officer shall appoint the day
of sale at least fifteen days before the return day of the execution.
(RSMo 1939 § 1360)

Prior revisions: 1929 § 1196; 1919 § 1647; 1909 § 2216

Every lease upon lands for any unexpired term of three years or
more shall be subject to execution and sale as real property, but shall
not be subject to sale upon and by virtue of an execution issued by an
associate circuit judge. (RSMo 1939 § 1337)

Prior revisions: 1929 § 1173; 1919 § 1624; 1909 § 2193

When real estate shall be taken in execution by an officer, it
shall be his duty to expose the same to sale at the courthouse door,
having previously given twenty days' notice of the time and place of
sale, and what real estate is to be sold and where situated, by
advertisement in some newspaper printed in the county which may be
designated by the plaintiff or his attorney of record, if there be one
regularly published, weekly or daily, and if not, by at least six printed
or written handbills, signed by such sheriff, and put up in public places
in different parts of the county; and the printer's fee for such
advertisement shall be taxed and paid as other costs; provided, that in
all cities in this state now or hereafter containing one hundred thousand
inhabitants or more, such sales shall be on the floor of the real estate
exchange or at the courthouse door, as may be announced in said
advertisement. (RSMo 1939 § 1362, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1198; 1919 § 1649; 1909 § 2218

Effective 1-2-79

When an execution shall be levied upon real estate, the officer
levying the same shall divide such property, if susceptible of division,
and sell so much thereof as will be sufficient to satisfy such execution,
unless the defendant in the execution shall desire the whole of any tract
or lot of land to be sold together, in which case it shall be sold
accordingly. (RSMo 1939 § 1350)

Prior revisions: 1929 § 1186; 1919 § 1637; 1909 § 2206

If any defendant shall die after his real estate shall have been
seized on execution, the service thereof shall not be completed, but the
sheriff shall return the execution, together with the fact of the
defendant's death, which shall be a sufficient indemnity to him for his
failure to proceed. (RSMo 1939 § 1283)

Prior revisions: 1929 § 1118; 1919 § 1569; 1909 § 2138

Whenever in any county in this state where circuit court is held
by law at any other town or city than the county seat, any real estate
shall be taken in execution under process issued upon any judgment under
such circuit court sitting at such town or city other than the county
seat, such real estate shall be exposed to sale and be sold at the door
of the courthouse, and during the sitting of such court at such town or
city where such judgment was rendered, having first been advertised as
provided by law. (RSMo 1939 § 1363)

Prior revisions: 1929 § 1199; 1919 § 1650; 1909 § 2219

When real estate, situated in a different county from that in
which the defendant in the execution owning such real estate resides, is
sought to be sold under an execution in favor of the plaintiff therein,
it shall be the duty of the plaintiff to cause a notice, in writing, to
be served on the defendant or defendants owning the real estate, if
residing in the state, stating the fact of the issuing of the same, how
or to what county directed, and to what term of the court said execution
is returnable. (RSMo 1939 § 1364)

Prior revisions: 1929 § 1200; 1919 § 1651; 1909 § 2220

The notice shall be served as other notices are required to be
served by the existing law, at least twenty days before the day of sale,
and shall be filed in the office whence the execution issues. (RSMo 1939
§ 1365)

Prior revisions: 1929 § 1201; 1919 § 1652; 1909 § 2221

All property taken in execution by any officer shall be exposed
to sale on the day for which it is advertised, between the hours of nine
in the forenoon and five in the afternoon, publicly, by auction, for
ready money, and the highest bidder shall be the purchaser. (RSMo 1939 §
1366)

Prior revisions: 1929 § 1202; 1919 § 1653; 1909 § 2222

If the purchaser refuse to pay the amount bid for property
struck off to him, the officer making the sale may again resell such
property to the highest bidder, or he may resell it on a subsequent day,
as though no previous sale had been made, and if any loss shall be
occasioned thereby, the officer shall recover the amount of such loss,
with costs, by motion, before any court. (RSMo 1939 § 1367, A.L. 1978
H.B. 1634)

Prior revisions: 1929 § 1203; 1919 § 1654; 1909 § 2223

Effective 1-2-79

Such court shall proceed in a summary manner and give judgment
and award execution therefor forthwith; and the same proceedings shall be
had against any subsequent purchaser who shall refuse to pay, and the
officer may, in his discretion, forever thereafter refuse the bid of any
person so refusing. (RSMo 1939 § 1368, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1204; 1919 § 1655; 1909 § 2224

Effective 1-2-79

Sections 513.240 and 513.245 shall not be construed to make the
officer liable for any more than the amount bid by the second or
subsequent purchaser, and the amount collected from the purchaser or
purchasers refusing to pay. (RSMo 1939 § 1369)

Prior revisions: 1929 § 1205; 1919 § 1656; 1909 § 2225

The sale of lands under a junior judgment or decree shall pass
the title of the defendant, subject to the lien of all prior judgments
and decrees then in force. (RSMo 1939 § 1279)

Prior revisions: 1929 § 1114; 1919 § 1565; 1909 § 2134

The money arising from such sale shall be applied to the payment
of the judgment or decree under which it may have been made. (RSMo 1939 §
1280)

Prior revisions: 1929 § 1115; 1919 § 1566; 1909 § 2135

In all cases where an execution is or shall be issued and levied
by the proper officer upon real estate, and for any cause a sale of such
real estate shall not be made at the next term of the court of the county
in which such sale is to be made, the execution and lien created thereby
shall remain and continue in force until the end of the second term of
the court of the county where the land is situated, and until a term of
said court is held, at which said real estate may be sold according to
law. (RSMo 1939 § 1372)

Prior revisions: 1929 § 1208; 1919 § 1659; 1909 § 2228

When an execution is issued from a court of record in one county
and sent to the sheriff of any other county in this state, and the same
is levied on real estate, and from any cause the circuit court of the
last mentioned county shall not be held before the return day of the
execution, the sheriff shall retain said execution, and the levy made by
virtue thereof shall remain in full force until there shall be a session
of the circuit court in said last mentioned county, at which said real
estate may be sold. (RSMo 1939 § 1373, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1209; 1919 § 1660; 1909 § 2229

Effective 1-2-79

The officer who shall sell any real estate, or lease of lands
and tenements for more than three years, shall make to the purchaser a
deed, to be paid for by the purchaser, reciting the names of the parties
to the execution, the date when issued, the date of the judgment, order
or decree, and other particulars, as recited in the execution; also a
description of the property, the time, place and manner of the sale,
which recital shall be received as evidence of the facts therein stated.
(RSMo 1939 § 1375)

Prior revisions: 1929 § 1211; 1919 § 1662; 1909 § 2231

Every officer executing any deed for lands, tenements or
hereditaments, sold under execution, shall acknowledge the same before
the circuit court of the county in which the estate is situated; but if
he die or leave the state, resign or be removed from office, or otherwise
disqualified from acting, before making such acknowledgment, such deed
may be proved before such court as other deeds. (RSMo 1939 § 1376)

Prior revisions: 1929 § 1212; 1919 § 1663; 1909 § 2232

The clerk of such court shall endorse upon such deed a
certificate of the acknowledgment or proof, under the seal of the court,
and shall make an entry of such acknowledgment or proof, with the names
of the parties to the suit, and a description of the property thereby
conveyed. (RSMo 1939 § 1377)

Prior revisions: 1929 § 1213; 1919 § 1664; 1909 § 2233

Every deed executed and acknowledged as provided in sections
513.275 to 513.285, or proved, shall be recorded as other conveyances of
land; and thereafter such deed, or a copy thereof, or of the record,
certified by the recorder, shall be received as evidence in any court in
this state, without further proof of the execution thereof. (RSMo 1939 §
1378)

Prior revisions: 1929 § 1214; 1919 § 1665; 1909 § 2234

In all cases where the time of holding the terms of the several
courts of this state shall be changed by the legislature, all sales of
property which would have been made at the terms previously established
by law, shall be made at the first term of the court held in pursuance of
such change; and where such sales have been advertised to be made on any
day of such previously established term, to satisfy any execution
returnable thereto, or in obedience to any order or decree of said court,
the sale shall be made on the same day of the term held in pursuance of
the change aforesaid; and no second advertisement of such sale shall be
necessary, but it shall be the duty of the sheriff or other officer
having in charge the execution or order aforesaid, to put up at the front
door of the courthouse of the proper county, on or before the first day
of the changed term, a list of the property to be sold, specifying the
names of the parties, the property to be sold, and the day of sale, and
stating the fact that said property has been previously advertised,
giving the name of the paper and its date. (RSMo 1939 § 2037)

Prior revisions: 1929 § 1873; 1919 § 2368; 1909 § 3890

No officer to whom any execution shall be directed, or any of
his deputies, or any person for them, shall purchase any goods or
chattels, real estate or other effects, or bid at any sale made by virtue
of such execution, and all purchases so made shall be void. (RSMo 1939 §
1370)

Prior revisions: 1929 § 1206; 1919 § 1657; 1909 § 2226

(1973) Where sheriff and his son were denominated on deed as "joint
tenants with right of survivorship", the sheriff was in fact a purchaser
at his own sale and this rendered the prohibited transaction void.
Watkins v. Floyd (A.), 492 S.W.2d 865.

All executions issued in pursuance of judgments rendered by
either district number 1 or district number 2 of the circuit court of
Marion County may be levied in any part of Marion County, or elsewhere.
(RSMo 1939 § 2430, A. 1949 H.B. 2121, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 14558; 1919 § 13737; 1909 § 4286

Effective 1-2-79

1. All sales of real estate, situated in the county of Marion
taken in execution by any officer under a judgment by district number 2
of the circuit court of Marion County, or of any other court of record
within this state, when the real estate is situated within the townships
of Mason and Miller, shall be made before the door of the courthouse in
the city of Hannibal.

2. All sales of real estate, situated in Cape Girardeau County, taken in
execution by process issued from the circuit court of Cape Girardeau
County at Cape Girardeau, shall be exposed to sale before the door of the
courthouse in the city of Cape Girardeau. (RSMo 1939 §§ 2342, 2403, 2430,
A. 1949 H.B. 2121, A.L. 1955 p. 313, A.L. 1978 H.B. 1634)

Prior revisions: 1929 §§ 14513, 14573, 14558; 1919 §§ 13691, 13753,
13737; 1909 §§ 4240, 4286, 4301

Effective 1-2-79

Whenever the term of office for which any sheriff shall have
been elected has expired, or he shall have resigned or removed without
the county, or be removed from office, it shall be his duty to deliver
over all writs of execution not executed to such person as may have been
elected or appointed and qualified to discharge the duties of sheriff;
and such new sheriff shall receive all such writs, and proceed to execute
the same, in the same manner as if such writs had been originally
directed to him; and for any failure or neglect to perform the duties
therein imposed upon the former sheriff, such former sheriff and his
sureties shall be subject to the like penalties, proceedings and
judgments as if he still continued in office. (RSMo 1939 § 1379)

Prior revisions: 1929 § 1215; 1919 § 1666; 1909 § 2235

When any sheriff shall die, it shall be the duty of his
executors or administrators to deliver over to the persons appointed or
elected and qualified to succeed the deceased, all executions unexecuted;
and for failure to do so, said executors or administrators, and the
sureties of the testator or intestate, shall be responsible. (RSMo 1939 §
1380)

Prior revisions: 1929 § 1216; 1919 § 1667; 1909 § 2236

When any officer shall have levied upon any goods and chattels,
real estate or other effects by virtue of any execution, and the term of
service of such officer shall expire and be determined before or after
the sale thereof, and before the purchaser shall have obtained a deed
therefor, duly executed, such officer shall, nevertheless, have power to
do and perform all things in relation to such execution and the sale of
such property, and in making, acknowledging and executing a deed to the
purchaser, in the same manner and with like effect, to all intents and
purposes, as if his term of office had not expired; and he and his
sureties shall be subject to the like penalties, actions, proceedings and
judgments for neglect, misconduct or failure therein, as if he still
continued in office. (RSMo 1939 § 1381)

Prior revisions: 1929 § 1217; 1919 § 1668; 1909 § 2237

When any officer shall die, or be removed from office, or be
otherwise disqualified from acting, after having taken in execution any
goods and chattels, real estate or other effects, and before sale
thereof, the sheriff or coroner then in office shall proceed therein, and
do and perform all things remaining to be done and performed in relation
to such execution and the sale of such property, and in making and
executing deeds and conveyances therefor, in the same manner and with the
like effect as the officer so deceased, removed from office or
disqualified, could have done. (RSMo 1939 § 1382)

Prior revisions: 1929 § 1218; 1919 § 1669; 1909 § 2238

When any officer shall die, be removed from office or
disqualified, or shall remove from this state, after the sale of any
property and before executing a conveyance therefor, as required by law,
or after executing a defective conveyance therefor, the purchaser, his
grantee, or anyone claiming by, through or under the purchaser, may
petition the court out of which the execution issued, stating the facts,
verified by affidavit, and if said petitioner satisfy the court that the
purchase money has been paid, the court shall order the sheriff then in
office to execute, acknowledge and deliver a deed to the purchaser, or if
he be dead, to his heirs, and if the purchaser has sold the same, to his
grantee, or to the party claiming by, through or under said purchaser,
reciting the facts; which deed shall be executed accordingly, and shall
have the same effect, to all intents and purposes, as if made by the
officer so deceased, removed from office, disqualified or absent from the
state. (RSMo 1939 § 1383)

Prior revisions: 1929 § 1219; 1919 § 1670; 1909 § 2239

If any officer to whom any execution shall be delivered shall
refuse or neglect to execute or levy the same according to law, or shall
take in execution any property or any property be delivered to him by any
person against whom an execution is issued, and he shall neglect or
refuse to make sale of the property so taken or delivered, according to
law, or shall make a false return of such writ, then, in any of the cases
aforesaid, such officer shall be liable and bound to pay the whole amount
of money in such writ specified, or thereon endorsed and directed to be
levied; and if such officer shall not, on the return of such writ, or at
the time the same ought to be returned, have the money which he shall
become liable to pay as aforesaid before the court, and pay the same
according to the exigency of the writ, any person aggrieved thereby may
have his action against such officer and his sureties upon his official
bond, or may have his remedy by civil action against such officer in
default. (RSMo 1939 § 1384)

Prior revisions: 1929 § 1220; 1919 § 1671; 1909 § 2240

If any officer to whom any execution shall be delivered shall
not return the same according to law and the command of the writ, such
officer and his sureties shall be liable to pay the damages sustained by
such default, to be recovered by the party aggrieved, by action upon the
official bond of the officer, or by civil action against such officer.
(RSMo 1939 § 1385)

Prior revisions: 1929 § 1221; 1919 § 1672; 1909 § 2241

If any officer shall sell any property under any execution,
whether he received payment therefor or not, or shall make the money on
any execution specified, or thereon endorsed or directed to be levied, or
any part thereof, and shall not have the amount of such sales or the
money so made before the court, and pay over the same according to law,
he shall be liable to pay the whole amount of such sales or money by him
made to the person entitled thereto, with lawful interest thereon, and
damages in addition thereto, at the rate of five percent per month, to be
computed from the time when the same be demanded by the party entitled
thereto, or his attorney or agent, after the execution is returnable,
until the whole be paid, to be recovered by civil action against such
officer and his sureties on his official bond, or by civil action against
such officer; or the party aggrieved may proceed against such officer and
his sureties, by motion in the court before which such writ is
returnable, in a summary way, two days' previous notice being given of
such intended motion, and the court shall render judgment for the amount
which ought to have been paid, with interest and damages aforesaid, and
award execution thereon forthwith. And it shall be the duty of every
officer to whom any execution shall be delivered, issued upon any
judgment recovered according to the provisions of this section, to
execute the same within fifteen days after it shall be delivered to him;
and he shall be subject to the like penalties and liabilities for any
default therein as on other executions. (RSMo 1939 § 1386)

Prior revisions: 1929 § 1222; 1919 § 1673; 1909 § 2242

It shall be the duty of the circuit court to periodically call
over the execution docket, in order to see that proper returns have been
made and entered of all process returnable to that term, and especially
that due diligence has been used to execute all process upon the part of
the state; and the court, in such cases, may enforce obedience to law by
attachment. (RSMo 1939 § 2101, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1939; 1919 § 2437; 1909 § 3957

Effective 1-2-79

If any person against whose property any execution or order of
sale shall be issued, apply to any judge of the court out of which the
same may have been issued, by petition, verified by oath or affirmation,
setting forth good cause why same ought to be stayed, set aside or
quashed, reasonable notice of such intended application being previously
given to the opposite party, his attorney of record or agent, such judge
shall thereupon hear the complaint. (RSMo 1939 § 1387)

Prior revisions: 1929 § 1223; 1919 § 1675; 1909 § 2244

If it appear that such execution or order of sale ought to be
stayed, set aside or quashed, and the petitioner enter into recognizance,
with sufficient sureties, in such sum as shall be reasonable, to be taken
and approved by such judge, conditioned that if such application be
finally determined against such petitioner he will pay the debt, damages
and costs, or damages and costs, to be recovered by such execution or
order of sale, or render in execution all his property liable to be
seized and taken or sold, by such writ or order of sale, or that the
sureties will do it for him, then such judge shall make an order for the
stay of the execution or order of sale, as aforesaid; but all the
property, real and personal, bound by such execution or order of sale,
shall remain bound as if no such stay had been granted. (RSMo 1939 § 1388)

Prior revisions: 1929 § 1224; 1919 § 1676; 1909 § 2245

The judge shall return such petition and proceedings thereon,
duly certified, to the court out of which the execution was issued, or
order of sale is made returnable, and the clerk of such court shall enter
the same upon his motion docket; and the court shall hear and determine
the same in a summary way, according to right and justice, and may award
a perpetual stay of such execution or order of sale, or may order the
execution or order of sale to be enforced. (RSMo 1939 § 1389)

Prior revisions: 1929 § 1225; 1919 § 1677; 1909 § 2246

After the issuing of an execution, any person indebted to the
defendant therein may pay to the sheriff or other officer charged with
the collection thereof, the amount of the debt owing by such person to
such defendant, or so much thereof as shall be necessary to satisfy the
execution and costs, and the officer's receipts shall be a sufficient
discharge for the amount paid. (RSMo 1939 § 1390, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1226; 1919 § 1678; 1909 § 2247

Effective 1-2-79

1. Whenever an execution against the property of any judgment
debtor, individual or corporate, issued from any court in this state,
shall be returned unsatisfied, in whole or in part, by any sheriff or
other proper officer, the judgment creditor in such execution, his
executor, administrator or assign, may, at any time within five years
after such return so made, be entitled to an order by the court rendering
such judgment, requiring the judgment debtor or, in the case of a
corporate judgment debtor, its chief officer to appear before such court
at a time and place in said order to be named, to undergo an examination
under oath touching his ability and means to satisfy said judgment, and
in case of neglect or refusal on the part of such judgment debtor or, in
the case of a corporate debtor, its chief officer to obey such order,
such court is hereby authorized to issue a writ of attachment against
said debtor, as now provided by law, and to punish him or, in the case of
a corporate debtor, its chief officer for contempt.

2. Any prosecuting attorney or circuit attorney may grant use immunity
from prosecution to a judgment debtor for any statement made at a
judgment debtor's examination conducted pursuant to subsection 1 of this
section. Such use immunity from prosecution shall protect such person
from prosecution for any offense related to the content of the statements
made. (RSMo 1939 § 1391, A.L. 1959 H.B. 372, A.L. 1978 H.B. 1634, A.L.
1993 S.B. 180)

Prior revisions: 1929 § 1227; 1919 § 1679; 1909 § 2248

The order above provided for shall issue only in case it be made
to appear to the court or judge, by affidavit or other evidence
satisfactory to the court or judge, that there is reasonable ground to
believe that such judgment debtor has property subject to execution, or
has conveyed or attempted to convey his property, with a design to
defraud, hinder or delay his creditors, such affidavit to be made to the
best of the knowledge and belief of the affiant. (RSMo 1939 § 1392, A.L.
1978 H.B. 1634)

Prior revisions: 1929 § 1228; 1919 § 1680; 1909 § 2249

Effective 1-2-79

The examination provided for in this chapter shall be summary,
and either party named in the writ of fieri facias may be examined as a
witness in the inquiry, and the court or judge may appoint a referee, who
shall have full power and authority to hear and reduce to writing the
evidence of the parties to the writ, and to administer such oaths or
affirmations as may be necessary for the purposes of the investigations,
the referee being hereby authorized to administer oaths or affirmations
to the witness, in the same manner and with like effect as magistrates or
other officer now authorized by law to administer oaths or affirmations.
Said referee shall hear the evidence in the cause promptly and report
such evidence to the court or judge in writing. The evidence of each
party sworn as a witness and testifying, and reduced to writing, by order
of the court or by the referee as aforesaid, shall be subscribed by the
witness, and a jurat shall be attached thereto by the referee or the
clerk of the court. (RSMo 1939 § 1393)

Prior revisions: 1929 § 1229; 1919 § 1681; 1909 § 2250

In case it be found by said court or judge thereof, on an
examination of the parties to the writ of fieri facias, or either of
them, or of the written evidence of the parties, or either of them, taken
by the referee aforesaid, that said debtor has and owns property, real,
personal or mixed, which ought to be applied to the payment, in whole or
in part, of said judgment, or other judgment against the party defendant,
being a prior lien thereon, said court or judge thereof shall deliver an
opinion in writing so stating, and the costs of the proceedings shall be
adjudged accordingly against the defendant; but in case the opinion of
the court, or judge thereof, be that such debtor has no such property so
applicable, then the costs shall be adjudged against the plaintiff, and
all costs accruing in the case due to clerks, sheriffs or other officers
shall be the same as are allowed by law for similar services in suits at
law. The opinion of the court, or the judge thereof, shall be filed in
the clerk's office of such court, and shall have no other or different
effect in law, as to title, than as provided herein. (RSMo 1939 § 1394)

Prior revisions: 1929 § 1230; 1919 § 1682; 1909 § 2251

Such fees shall be allowed to referees appointed and acting
under the provisions of sections 513.390 to 513.405, as the court or
judge thereof appointing them shall adjudge to be a fair and just
compensation for the services rendered, not to exceed ten dollars per
day, which shall be taxed as costs against the party adjudged to pay the
same, and shall, from time to time, be paid as directed by the court.
(RSMo 1939 § 1395)

Prior revisions: 1929 § 1231; 1919 § 1683; 1909 § 2252

Whenever an execution, issued out of any court of record in this
state, against any incorporated town or city, shall be returned
unsatisfied, in whole or in part, for want of property whereon to levy,
such court at the return term or any subsequent term thereof shall, by
writ of mandamus, order and compel the chief officer, trustees, council
and all other proper officers of such city or town, to levy, assess and
collect the annual taxes in such town or city from year to year, as
occasion may require, within the constitutional limits, and order the
same, when collected by the proper officer or officers, to be paid to the
execution creditor, his agent or assigns, except such amount as may be
necessary to pay the reasonable salary allowed by law to the mayor,
council, assessor, marshal, constable, attorney and a reasonable police
force of any such town or city. (RSMo 1939 § 1397)

Prior revisions: 1929 § 1233; 1919 § 1685; 1909 § 2254

The court shall determine the time within which the levy and
collection of such tax shall be made, and shall make all necessary orders
to secure the prompt and speedy payment of such debt. (RSMo 1939 § 1398)

Prior revisions: 1929 § 1234; 1919 § 1686; 1909 § 2255

Any officer or officers of any such town or city, failing,
refusing or neglecting to comply with any such order of court, shall be
deemed guilty of a misdemeanor, and shall be fined and imprisoned as for
a contempt of court. (RSMo 1939 § 1399)

Prior revisions: 1929 § 1235; 1919 § 1687; 1909 § 2256

Any person holding or who may hereafter hold a judgment against
another, who is about to leave the state, may have an execution issued
against the property and effects of such person, or any part thereof,
sufficient to satisfy said judgment and all costs that have accrued or
may hereafter accrue. In enforcing such execution no exemptions shall be
allowed the execution debtor. (RSMo 1939 § 1400)

Prior revisions: 1929 § 1236; 1919 § 1688; 1909 § 2257

Every person by or against whom an order is sought for relief
under Title 11, United States Code, shall be permitted to exempt from
property of the estate any property that is exempt from attachment and
execution under the law of the state of Missouri or under federal law,
other than Title 11, United States Code, Section 522(d), and no such
person is authorized to claim as exempt the property that is specified
under Title 11, United States Code, Section 522(d). (L. 1982 S.B. 490)

1. The following property shall be exempt from attachment and
execution to the extent of any person's interest therein:

(1) Household furnishings, household goods, wearing apparel, appliances,
books, animals, crops or musical instruments that are held primarily for
personal, family or household use of such person or a dependent of such
person, not to exceed three thousand dollars in value in the aggregate;

(2) A wedding ring not to exceed one thousand five hundred dollars in
value and other jewelry held primarily for the personal, family or
household use of such person or a dependent of such person, not to exceed
five hundred dollars in value in the aggregate;

(3) Any other property of any kind, not to exceed in value six hundred
dollars in the aggregate;

(4) Any implements or professional books or tools of the trade of such
person or the trade of a dependent of such person not to exceed three
thousand dollars in value in the aggregate;

(5) Any motor vehicle in the aggregate, not to exceed three thousand
dollars in value;

(6) Any mobile home used as the principal residence but not on or
attached to real property in which the debtor has a fee interest, not to
exceed five thousand dollars in value;

(7) Any one or more unmatured life insurance contracts owned by such
person, other than a credit life insurance contract;

(8) The amount of any accrued dividend or interest under, or loan value
of, any one or more unmatured life insurance contracts owned by such
person under which the insured is such person or an individual of whom
such person is a dependent; provided, however, that if proceedings under
Title 11 of the United States Code are commenced by or against such
person, the amount exempt in such proceedings shall not exceed in value
one hundred fifty thousand dollars in the aggregate less any amount of
property of such person transferred by the life insurance company or
fraternal benefit society to itself in good faith if such transfer is to
pay a premium or to carry out a nonforfeiture insurance option and is
required to be so transferred automatically under a life insurance
contract with such company or society that was entered into before
commencement of such proceedings. No amount of any accrued dividend or
interest under, or loan value of, any such life insurance contracts shall
be exempt from any claim for child support. Notwithstanding anything to
the contrary, no such amount shall be exempt in such proceedings under
any such insurance contract which was purchased by such person within one
year prior to the commencement of such proceedings;

(9) Professionally prescribed health aids for such person or a dependent
of such person;

(10) Such person's right to receive:

(a) A Social Security benefit, unemployment compensation or a local
public assistance benefit;

(b) A veteran's benefit;

(c) A disability, illness or unemployment benefit;

(d) Alimony, support or separate maintenance, not to exceed seven hundred
fifty dollars a month;

(e) Any payment under a stock bonus plan, pension plan, disability or
death benefit plan, profit-sharing plan, nonpublic retirement plan or any
plan described, defined, or established pursuant to section 456.072,
RSMo, the person's right to a participant account in any deferred
compensation program offered by the state of Missouri or any of its
political subdivisions, or annuity or similar plan or contract on account
of illness, disability, death, age or length of service, to the extent
reasonably necessary for the support of such person and any dependent of
such person unless:

a. Such plan or contract was established by or under the auspices of an
insider that employed such person at the time such person's rights under
such plan or contract arose;

b. Such payment is on account of age or length of service; and

c. Such plan or contract does not qualify under Section 401(a), 403(a),
403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as
amended, (26 U.S.C. 401(a), 403(a), 403(b), 408, 408A or 409);

except that any such payment to any person shall be subject to attachment
or execution pursuant to a qualified domestic relations order, as defined
by Section 414(p) of the Internal Revenue Code of 1986, as amended,
issued by a court in any proceeding for dissolution of marriage or legal
separation or a proceeding for disposition of property following
dissolution of marriage by a court which lacked personal jurisdiction
over the absent spouse or lacked jurisdiction to dispose of marital
property at the time of the original judgment of dissolution;

(f) Any money or assets, payable to a participant or beneficiary from, or
any interest of any participant or beneficiary in, a retirement plan or
profit-sharing plan that is qualified under Section 401(a), 403(a),
403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as
amended, except as provided in this paragraph. Any plan or arrangement
described in this paragraph shall not be exempt from the claim of an
alternate payee under a qualified domestic relations order; however, the
interest of any and all alternate payees under a qualified domestic
relations order shall be exempt from any and all claims of any creditor,
other than the state of Missouri through its division of family services.
As used in this paragraph, the terms "alternate payee" and "qualified
domestic relations order" have the meaning given to them in Section
414(p) of the Internal Revenue Code of 1986, as amended.

If proceedings under Title 11 of the United States Code are commenced by
or against such person, no amount of funds shall be exempt in such
proceedings under any such plan, contract, or trust which is fraudulent
as defined in section 456.630, RSMo, and for the period such person
participated within three years prior to the commencement of such
proceedings. For the purposes of this section, when the fraudulently
conveyed funds are recovered and after, such funds shall be deducted and
then treated as though the funds had never been contributed to the plan,
contract, or trust;

(11) The debtor's right to receive, or property that is traceable to, a
payment on account of the wrongful death of an individual of whom the
debtor was a dependent, to the extent reasonably necessary for the
support of the debtor and any dependent of the debtor.

2. Nothing in this section shall be interpreted to exempt from attachment
or execution for a valid judicial or administrative order for the payment
of child support or maintenance any money or assets, payable to a
participant or beneficiary from, or any interest of any participant or
beneficiary in, a retirement plan which is qualified pursuant to Section
408A of the Internal Revenue Code of 1986, as amended. (RSMo 1939 § 1323,
A.L. 1982 S.B. 490, A.L. 1992 S.B. 447, A.L. 1999 H.B. 857, A.L. 2000
H.B. 1808, A.L. 2001 H.B. 738 merged with S.B. 186, A.L. 2003 S.B. 552,
A.L. 2004 H.B. 959 merged with S.B. 1211)

Prior revisions: 1929 § 1159; 1919 § 1610; 1909 § 2179

(1992) Where statute permits exemption of pension plan benefits of the
debtor from the bankruptcy estate, the federal Employee Retirement Income
Security Act (ERISA) does not preempt state law. In re Vickers, 954 F.2d
1426 (8th Cir.).

No property upon which a debtor has voluntarily granted a lien
shall, to the extent of the balance due on the debt secured thereby, be
subject to the provisions of this chapter or be exempt from attachment or
execution. (L. 1987 H.B. 484 § 1)

Effective 7-15-87

(1987) This section is as a conclusion of law unconstitutional for having
been passed by the legislature in a manner that failed to conform with
Section 23 of Article 3 of the Missouri Constitution that a bill contain
only one subject and thus was ineffective to deny avoidance of lien of
creditor by debtor. In re Darrell L. Sapp, 81 B.R. 545, Bkrtcy (W.D.Mo.).

Each head of a family may select and hold, exempt from
execution, any other property, real, personal or mixed, or debts and
wages, not exceeding in value the amount of one thousand two hundred
fifty dollars plus three hundred fifty dollars for each of such person's
unmarried dependent children under the age of eighteen years or dependent
as defined by the Internal Revenue Code of 1986, as amended, determined
to be disabled by the Social Security Administration, except ten percent
of any debt, income, salary or wages due such head of a family. (RSMo
1939 § 1327, A.L. 1959 S.B. 238, A.L. 1982 S.B. 490, A.L. 2004 H.B. 959
merged with S.B. 1211)

Prior revisions: 1929 § 1163; 1919 § 1614; 1909 § 2183

(1987) Expense reimbursement president of company was to receive from
company was not earnings for personal services rendered and of which ten
percent was exempt from garnishment pursuant to 525.030 but was debt
which debtor could assert as exempt from garnishment pursuant to this
section. Dunn v. Remor Petroleum, 737 S.W.2d 187 (Mo.banc).

1. It shall be the duty of the officer in whose hands any
execution may come, within three days after he shall have levied the
same, to apprise the person against whom such execution has issued that
an execution has been levied and of the property exempt, if any, under
sections 513.430 and 513.440, and his right to hold the same as exempt
from attachment and execution, together with the fact, generally stated,
that there are certain exemptions under state and federal law which the
judgment debtor may be able to claim with respect to the property levied
upon, and describing the procedure for claiming same as exempt. The
notice shall also inform the person against whom such execution was
issued of the manner in which he may obtain a specific description of the
property upon which the levy was made. Such notice may be served in the
same manner as a summons, or by mailing same to the judgment debtor at
his last known address by United States regular mail. Service by mail
shall be complete upon mailing.

2. The judgment debtor may make claim for exemption by filing a verified
request with the levying officer within twenty days after notice of the
levy. Upon receipt of a verified request, the levying officer shall
notify the party requesting the execution forthwith that a claim of
exemption has been filed, except that where the levy is in the form of a
garnishment upon the judgment debtor's wages, no such notification is
required. The levying officer may summon three disinterested
householders, who, after being sworn honestly and impartially to appraise
the property exhibited to them, shall proceed to appraise and set apart
to said judgment debtor the property exempt to him under this chapter,
and the officer levying such execution shall have authority to administer
the oaths required by this section.

3. The levying officer shall release from the execution items of cash or
property selected by the judgment debtor to the extent required by law.
The judgment debtor or any other party aggrieved by the action of the
levying officer, or by the failure of the levying officer to act within
five days of the filing of the request for exemptions, may have the
exemption claim reviewed and determined by the court by filing a request
for court review. Any such hearing shall be expedited by the court and
shall be held not later than thirty days after the filing of the request
for court review, upon no less than three days' notice to all parties in
interest. (RSMo 1939 § 1328, A.L. 1986 H.B. 1479)

Prior revisions: 1929 § 1164; 1919 § 1615; 1909 § 2184

(1972) A mechanic's lien does not attach to buildings and property owned
by a municipality and used for the benefit of the public. Union Reddi-Mix
Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160.

(1975) A constable is liable on his official bond for failure to notify a
judgment debtor of his exemptions not only upon executions but as to
garnishments in aid of execution. Dancer v. Cheunault (A.), 527 S.W.2d
714.

(1994) Where homeowners had not filed with sheriff verified request for
homestead exemption prescribed in section, homestead does not lose its
exempt status under homestead laws. Homestead property is absolutely
exempt from sale until sheriff determines through appraisal whether there
is equity, taking into account mortgages, liens and exemption value.
Meeks Leasing Co. v. Young, 851 S.W.2d 232 (Mo. App. S.D.).

All courthouses, jails, clerks' offices and other buildings
owned by any county or municipality, and the lots on which they stand,
and all burial grounds, shall be exempt from attachment and execution.
(RSMo 1939 § 1325)

Prior revisions: 1929 § 1161; 1919 § 1612; 1909 § 2181

(1972) A mechanic's lien does not attach to buildings and property owned
by a municipality and used for the benefit of the public. Union Reddi-Mix
Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160.

All fire engines, hose, hose carriages, hooks, ladders, buckets,
horses and other things kept and used for the purpose of extinguishing
fires, owned by any county or municipality in this state, shall be exempt
from attachment and execution. (RSMo 1939 § 1326)

Prior revisions: 1929 § 1162; 1919 § 1613; 1909 § 2182

Nothing contained in this chapter shall be construed so as to
exempt any property from seizure and sale for the payment of taxes due
this state, or any city, town or county thereof. (RSMo 1939 § 1330)

Prior revisions: 1929 § 1166; 1919 § 1617; 1909 § 2186

For all personal services rendered by any person acting in the
capacity of house servant or common laborer, to an amount not exceeding
ninety dollars, no property shall be exempt from seizure and sale under
execution; if suit is instituted to recover the same within the time
allowed in section 513.060. (RSMo 1939 § 1331, A.L. 1959 S.B. 238)

Prior revisions: 1929 § 1167; 1919 § 1618; 1909 § 2187

1. The homestead of every person, consisting of a dwelling house
and appurtenances, and the land used in connection therewith, not
exceeding the value of fifteen thousand dollars, which is or shall be
used by such person as a homestead, shall, together with the rents,
issues and products thereof, be exempt from attachment and execution. The
exemption allowed under this section shall not be allowed for more than
one owner of any homestead if one owner claims the entire amount allowed
under this subsection; but, if more than one owner of any homestead
claims an exemption under this section, the exemption allowed to each of
such owners shall not exceed, in the aggregate, the total exemption
allowed under this subsection as to any one homestead.

2. Either spouse separately shall be debarred from and incapable of
selling, mortgaging or alienating the homestead in any manner whatever,
and every such sale, mortgage or alienation is hereby declared null and
void; provided, however, that nothing herein contained shall be so
construed as to prevent the husband and wife from jointly conveying,
mortgaging, alienating or in any other manner disposing of such
homestead, or any part thereof. (RSMo 1939 § 608, A.L. 1976 H.B. 1280,
A.L. 1982 S.B. 490, A.L. 2003 H.B. 613)

Prior revisions: 1929 § 608; 1919 § 5853; 1909 § 6704

CROSS REFERENCE: Certain conveyance requirement, RSMo 442.025

Whenever an execution shall be levied upon the real estate of
any person, of which such homestead may be a part, or upon such part of
any homestead as may be in excess of the limitation of the value thereof
created in section 513.475, such person shall have the right to designate
and choose the part thereof to which the exemption created in section
513.475 shall apply, not exceeding the limited value; and upon such
designation and choice, or in case of a refusal to designate or choose,
the sheriff levying the execution shall appoint three disinterested
appraisers, who shall, first being sworn to a faithful discharge of their
duties, fix the location and boundaries of such homestead, and the
sheriff shall then proceed with the levy of such execution upon the
residue of such real estate as in other cases; and such proceedings in
respect to the homestead shall be stated in the return upon such
execution. (RSMo 1939 § 609, A.L. 1982 S.B. 490)

Prior revisions: 1929 § 609; 1919 § 5854; 1909 § 6705

If, at the time of such levy of execution, the homestead or real
estate mentioned in section 513.480 shall be encumbered by mortgage, the
value and location of such homestead shall be fixed as provided in said
section, and thereupon such levy shall proceed in the same manner as in
the case of mortgages existing upon distinct parcels of land. (RSMo 1939
§ 610)

Prior revisions: 1929 § 610; 1919 § 5855; 1909 § 6706

Whenever the personal property of any person shall be attached
or taken in execution against such person, and the debtor therein shall
claim that the same or any part thereof is the product of such homestead,
the officer taking the same shall cause appraisers to be appointed and
sworn, as in the case of the levy of execution on real estate, and such
appraisers shall decide upon such claim and settle the products of such
homestead to such debtor accordingly, and the proceedings thereon shall
be stated by such officer in his return. (RSMo 1939 § 611, A.L. 1982 S.B.
490)

Prior revisions: 1929 § 611; 1919 § 5856; 1909 § 6707

Such homestead shall be subject to attachment and levy of
execution upon all causes of action existing at the time of the acquiring
such homestead, except as otherwise provided in sections 513.475 to
513.530; and for this purpose such time shall be the date of the filing
in the proper office for the records of deeds, the deed of such
homestead, when the party holds title under a deed, but when he holds
title by descent or devise, from the time he becomes invested with the
title thereto; and in case of existing estates, such homestead shall not
be subject to attachment or levy of execution upon any liability
hereafter created. (RSMo 1939 § 615)

Prior revisions: 1929 § 615; 1919 § 5860; 1909 § 6711

(1971) Householder vested with equitable title under an executory
contract is not entitled to homestead exemption. To defeat levy of
execution on property claimed as homestead, claimant must have acquired
legal title and filed deed to property for record before creation of
execution debt. Ferm v. Crenshaw (A.), 468 S.W.2d 706.

Whenever any person shall acquire another homestead in the
manner provided in section 513.510, the prior homestead shall thereupon
be liable for his debts, but such other homestead shall not be liable for
causes of action against him to which such prior homestead would not have
been liable; provided, that such other homestead shall have been acquired
with the consideration derived from the sale or other disposition of such
prior homestead, or with other means not derived from the property of
such person. (RSMo 1939 § 616, A.L. 1982 S.B. 490)

Prior revisions: 1929 § 616; 1919 § 5861; 1909 § 6712

Whenever, in any case not in sections 513.475 to 513.530
otherwise provided for, it shall become necessary, in any proceeding at
law or in equity, to sever or set out any homestead from other real
estate, the court in which such proceedings shall be pending may appoint
three commissioners to appraise and set out such homestead, which
commissioners, after being sworn to the faithful discharge of their
duties, shall appraise and set out such homestead in the same manner as
is provided in sections 513.475 to 513.530 for setting out homesteads in
case of the levy of execution, and make report of their doings to such
court, which report shall be confirmed by such court, unless good cause
be shown to the contrary; and a record thereof shall be made in the
records of lands, where a deed of such homestead would by law be required
to be recorded, which shall operate as a severance of such homestead from
such other real estate. (RSMo 1939 § 617)

Prior revisions: 1929 § 617; 1919 § 5862; 1909 § 6713

Whenever any dwelling house, outbuilding and the land in
connection therewith, in which a homestead shall exist, shall exceed the
respective value mentioned in section 513.475, and a severance of such
homestead would greatly depreciate the value of the residue of the
premises, or be of great inconvenience to the parties interested either
in such residue or in such homestead, either party may apply to the
circuit court by petition, setting forth the facts, for relief; and upon
the hearing of such petition, if it shall appear that such homestead
cannot be occupied in severalty without great inconvenience to the
parties interested in such homestead or in such residue, the court may
order such homestead to be transferred to such other parties, and the
payment of the value of the homestead interest to the owner thereof; or,
at the option of such owner, may order such other parties to transfer
such residue to him, and order him thereupon to pay such other parties
the value thereof, to be fixed by the court; or, if the case require it,
the court may order a sale of the whole premises, and apportion the
proceeds between the parties; and such court may make all such orders in
the premises as shall be equitable and needful. (RSMo 1939 § 618)

Prior revisions: 1929 § 618; 1919 § 5863; 1909 § 6714

If such homestead shall be sold as provided in section 513.525,
the court may control the investment of the proceeds of such sale in a
new homestead, or their payment out of court, as in cases of the funds of
married women. (RSMo 1939 § 619)

Prior revisions: 1929 § 619; 1919 § 5864; 1909 § 6715

Sections 513.600 to 513.645 shall be known and may be cited as
the "Criminal Activity Forfeiture Act". (L. 1986 S.B. 450 § 4)

Effective 3-17-86

As used in sections 513.600 to 513.645, unless the context
clearly indicates otherwise, the following terms mean:

(1) (a) "Beneficial interest":

a. The interest of a person as a beneficiary under any other trust
arrangement pursuant to which a trustee holds legal or record title to
real property for the benefit of such person; or

b. The interest of a person under any other form of express fiduciary
arrangement pursuant to which any other person holds legal or record
title to real property for the benefit of such person;

(b) "Beneficial interest" does not include the interest of a stockholder
in a corporation or the interest of a partner in either a general
partnership or limited partnership. A beneficial interest shall be deemed
to be located where the real property owned by the trustee is located;

(2) "Civil proceeding", any civil suit commenced by an investigative
agency under any provision of sections 513.600 to 513.645;

(3) "Criminal activity" is the commission, attempted commission,
conspiracy to commit, or the solicitation, coercion or intimidation of
another person to commit any crime which is chargeable by indictment or
information under the following Missouri laws:

(a) Chapter 195, RSMo, relating to drug regulations;

(b) Chapter 565, RSMo, relating to offenses against the person;

(c) Chapter 566, RSMo, relating to sexual offenses;

(d) Chapter 568, RSMo, relating to offenses against the family;

(e) Chapter 569, RSMo, relating to robbery, arson, burglary and related
offenses;

(f) Chapter 570, RSMo, relating to stealing and related offenses;

(g) Chapter 567, RSMo, relating to prostitution;

(h) Chapter 573, RSMo, relating to pornography and related offenses;

(i) Chapter 574, RSMo, relating to offenses against public order;

(j) Chapter 575, RSMo, relating to offenses against the administration of
justice;

(k) Chapter 491, RSMo, relating to witnesses;

(l) Chapter 572, RSMo, relating to gambling;

(m) Chapter 311, RSMo, but relating only to felony violations of this
chapter committed by persons not duly licensed by the supervisor of
liquor control;

(n) Chapter 571, RSMo, relating to weapons offenses;

(o) Chapter 409, RSMo, relating to regulation of securities;

(p) Chapter 301, RSMo, relating to registration and licensing of motor
vehicles;

(4) "Criminal proceeding", any criminal prosecution commenced by an
investigative agency under any criminal law of this state;

(5) "Investigative agency", the attorney general's office, or the office
of any prosecuting attorney or circuit attorney;

(6) "Pecuniary value":

(a) Anything of value in the form of money, a negotiable instrument, a
commercial interest, or anything else the primary significance of which
is economic advantage; or

(b) Any other property or service that has a value in excess of one
hundred dollars;

(7) "Real property", any estate or legal or equitable interest in land
situated in this state or any interest in such real property, including,
but not limited to, any lease or deed of trust upon such real property;

(8) "Seizing agency", the agency which is the primary employer of the
officer or agent seizing the property, including any agency in which one
or more of the employees acting on behalf of the seizing agency is
employed by the state of Missouri or any political subdivision of this
state;

(9) "Seizure", the point at which any law enforcement officer or agent
discovers and exercises any control over property that an officer or
agent has reason to believe was used or intended for use in the course
of, derived from, or realized through criminal activity. Seizure includes
but is not limited to preventing anyone found in possession of the
property from leaving the scene of the investigation while in possession
of the property;

(10) (a) "Trustee":

a. Any person who holds legal or record title to real property for which
any other person has a beneficial interest; or

b. Any successor trustee or trustees to any of the foregoing persons;

(b) "Trustee" does not include the following:

a. Any person appointed or acting as a personal representative under
chapter 475, RSMo, or under chapter 473, RSMo;

b. Any person appointed or acting as a trustee of any testamentary trust
or as trustee of any indenture of trust under which any bonds are or are
to be issued. (L. 1986 S.B. 450 § 5, A.L. 2001 S.B. 5 & 21)

1. All property of every kind, including cash or other
negotiable instruments, used or intended for use in the course of,
derived from, or realized through criminal activity is subject to civil
forfeiture. Civil forfeiture shall be had by a civil procedure known as a
CAFA forfeiture proceeding.

2. A CAFA forfeiture proceeding shall be governed by the Missouri rules
of court, rules of civil procedure, except to the extent that special
rules of procedure are stated herein.

3. Any property seized by a law enforcement officer or agent shall not be
disposed of pursuant to section 542.301, RSMo, or by the uniform
disposition of unclaimed property act, sections 447.500 through 447.595,
RSMo, unless the CAFA proceeding involving the seized property does not
result in a judgment of forfeiture.

4. In cases where the property is abandoned or unclaimed, an in rem CAFA
forfeiture proceeding may be instituted by petition by the prosecuting
attorney of the county in which the property is located or seized by the
attorney general's office. The proceeding may be commenced before or
after seizure of the property.

5. In lieu of, or in addition to, an in rem proceeding under subsection 4
of this section, the prosecuting attorney or attorney general may bring
an in personam action for the forfeiture of property, which may be
commenced by petition before or after the seizure of property.

6. (1) If the petition is filed before seizure, it shall state what
property is sought to be forfeited, that the property is within the
jurisdiction of the court, the grounds for forfeiture, and the names of
all persons known to have or claim an interest in the property. The court
shall determine ex parte whether there is reasonable cause to believe
that the property is subject to forfeiture and that notice to those
persons having or claiming an interest in the property prior to seizure
would cause the loss or destruction of the property. If the court finds
that reasonable cause does not exist to believe the property is subject
to forfeiture, it shall dismiss the proceeding. If the court finds that
reasonable cause does exist to believe the property is subject to
forfeiture but there is not reasonable cause to believe that prior notice
would result in loss or destruction, it shall order service on all
persons known to have or claim an interest in the property prior to a
further hearing on whether a writ of seizure should issue. If the court
finds that there is reasonable cause to believe that the property is
subject to forfeiture and to believe that prior notice would cause loss
or destruction, it shall without any further hearing or notice issue a
writ of seizure directing the sheriff of the county or other authorized
law enforcement agency where the property is found to seize it.

(2) Seizure may be effected by a law enforcement officer authorized to
enforce the criminal laws of this state prior to the filing of the
petition and without a writ of seizure if the seizure is incident to a
lawful arrest, search, or inspection and the officer has probable cause
to believe the property is subject to forfeiture and will be lost or
destroyed if not seized. Within four days of the date of seizure, such
seizure shall be reported by said officer to the prosecuting attorney of
the county in which the seizure is effected or the attorney general; and
if in the opinion of the prosecuting attorney or attorney general
forfeiture is warranted, the prosecuting attorney or attorney general
shall, within ten days after receiving notice of seizure, file a petition
for forfeiture. The petition shall state, in addition to the information
required in subdivision (1) of this subsection, the date and place of
seizure. The burden of proof will be on the investigative agency to prove
all allegations contained in the petition.

7. After the petition is filed or the seizure effected, whichever is
later, every person known to have or claim an interest in the property
shall be served, if not previously served, with a copy of the petition
and a notice of seizure in the manner provided by the Missouri rules of
court and rules of civil procedure. Service by publication may be ordered
upon any party whose whereabouts cannot be determined or if there be
unknown parties.

8. The prosecuting attorney or attorney general to whom the seizure is
reported shall report annually by January thirty-first for the previous
calendar year all seizures. Such report shall include the date, time, and
place of seizure, the property seized, the estimated value of the
property seized, the person or persons from whom the property was seized,
the criminal charges filed, and the disposition of the seizure,
forfeiture and criminal actions. The report shall be made to the director
of the Missouri department of public safety and shall be considered an
open record. The prosecuting attorney or attorney general shall submit a
copy of the report to the state auditor at the time the report is made to
the director of the department of public safety.

9. The state auditor shall make an annual report compiling the data
received from law enforcement, prosecuting attorneys and the attorney
general, and shall submit the report regarding seizures for the previous
calendar year to the general assembly annually by February twenty-eighth.

10. Intentional or knowing failure to comply with any reporting
requirement contained in this section shall be a class A misdemeanor,
punishable by a fine of up to one thousand dollars. (L. 1986 S.B. 450 §
6, A.L. 1993 S.B. 180, A.L. 2001 S.B. 5 & 21)

(1990) Forfeiture provisions of the drug statutes are manifestly penal
laws in the sense of art. IX, sec. 7, Mo. const. and the proceeds are
available for school purposes only, rather than to law enforcement
agency. Reorganized School District No. 7 Lafayette County v. Douthit,
799 S.W.2d 591 (Mo.banc).

(2000) Seizure occurred when city police stopped and arrested claimant
for traffic violations and took possession of money found in car;
divestment of claimant's possessory interests occurred at that point and
not when money was transferred to federal agents. Also, transfer was
improper without first obtaining approval from circuit judge and
prosecutor. Karpierz v. Easley, 31 S.W.3d 505 (Mo.App.W.D.).

1. Any person claiming an interest in the property may become a
party to the action at any time prior to judgment, whether named in the
petition or not. Any party claiming a valid interest in the property
shall upon motion be allowed by the court to take possession of the
property upon posting bond with good and sufficient security in the
amount of the property's value conditioned to pay the value of any
interest in the property found to be subject to forfeiture or the value
of any interest of another not subject to forfeiture. Such a party taking
possession shall not remove the property from the jurisdiction of the
court except pursuant to court order.

2. The court may, upon such terms and conditions as prescribed by it,
order that the property be sold by an innocent party who holds a lien on
or security interest in the property at any time during the proceedings.
Any proceeds from such sale over and above the amount necessary to
satisfy the lien or security interest shall be paid into court pending
final judgment in the forfeiture proceeding. No such sale shall be
ordered, however, unless the obligation upon which the lien or security
interest is based is in default.

3. Pending final judgment in the forfeiture proceeding, the court may
make any other disposition of the property as may be provided by the laws
of this state which is in the interest of justice. (L. 1986 S.B. 450 § 7)

Effective 3-17-86

Any party may bring one motion to dismiss at any time and such
motion shall be heard and ruled on within ten days. Any party may demand
a jury trial. (L. 1986 S.B. 450 § 8)

Effective 3-17-86

The interest of an innocent party in the property shall not be
subject to forfeiture. An "innocent party " is one who did not have
actual knowledge that the property was used or intended for use in the
course of, derived from or realized through a criminal activity. Any
innocent party shall have a right or claim to forfeited property or to
the proceeds derived therefrom superior to any right or claim the state
or the county has in the same property or proceeds. To enforce such a
claim, the innocent party must intervene in the forfeiture proceeding
prior to its final disposition; except that, with respect to any property
for which the state maintains records of ownership, if the certificate of
title, the official records or other evidence of ownership indicates the
existence of a lien on the seized property or the ownership of the
property by someone other than the defendant, the named lienholder or
owner shall be a necessary party to the action commenced under this
section unless the party has by affidavit released the lien. The
lienholder or owner shall have no obligation to intervene to protect his
rights, but the court shall determine the validity of the lien. (L. 1986
S.B. 450 § 9)

Effective 3-17-86

1. In the event criminal charges arising from the same activity
giving rise to the CAFA proceeding are filed against any individual
claiming an interest in the property subject to the CAFA proceeding, such
CAFA proceeding shall be stayed by the court until the disposition of the
criminal charges. In such cases, no property shall be forfeited unless
the person charged is found guilty of or pleads guilty to a felony
offense substantially related to the forfeiture. The property of persons
arrested, detained or apprehended and not subsequently charged is not
subject to forfeiture for that arrest, detention or apprehension. The
rights of an innocent owner of property are superior to any right or
claim of the state or county, and such rights shall be enforced pursuant
to the provisions of sections 513.610 to 513.620.

2. In any case where the court determines that seized property is subject
to forfeiture pursuant to the provisions of section 513.607 but there has
not been a felony conviction, finding of guilt or plea of guilt to
support such forfeiture, the court shall stay the civil forfeiture
proceedings and order the release of the property subject to the
following requirements:

(1) The person to whom the property is released shall file a bond in an
amount which the court determines to be adequate to secure the property
and which does not exceed the value of the property;

(2) The court may impose other conditions that it deems reasonable and
necessary to prevent the property from being made unavailable for
disposition by the court;

(3) The bond and other conditions shall terminate at such time as the
released property is no longer subject to forfeiture or upon return of
the property to the confiscating authority.

3. No action filed pursuant to sections 513.600 to 513.660 shall be
compromised or otherwise settled without the express approval of the
terms of the settlement by the court in which such action is pending.
Nothing in this section shall prohibit or prevent the parties from
contemporaneously resolving criminal charges and a CAFA proceeding
arising from the same activity. However, seized property shall not be
used in bargaining to defer prosecution of criminal charges, obtain a
guilty plea or affect sentencing recommendations, and the court in which
the CAFA proceeding is pending shall not approve any settlement without
first making such a finding. No state or local government agency, nor any
person, may accept any monetary payment or other thing of value in
exchange for the release of property seized for forfeiture or for the
settlement of any criminal charges.

4. No state or local government agency may hold property seized for
forfeiture unless a petition for forfeiture has been filed within the
time limit provided by section 513.607, unless a time extension is
granted by order of the circuit court. The court may extend the time for
filing a petition for up to ten days for each order, but may not extend
the time for filing for more than thirty days. (L. 1993 S.B. 180)

Subject to the requirement of protecting the interest of all
innocent parties, the court may after judgment of forfeiture make any of
the following orders for disposition of the property:

(1) Destruction of contraband, the possession of which is illegal;

(2) Retention of the property by any innocent party having an interest
therein, upon payment or approval of a plan for payment into court of the
value of any forfeited interest in the property; such a plan may include,
in the case of an innocent party who holds a lien on or security interest
in the property, the sale of the property by said innocent party under
such terms and conditions as may be prescribed by the court and the
payment into court of any proceeds from such sale over and above the
amount necessary to satisfy the lien or security interest;

(3) Judicial sale of the property;

(4) Transfer of the property to any innocent party having an interest
therein equal to or greater than the value of the property; or

(5) Any other disposition of the property as may be provided by the laws
of this state which is in the interest of justice and adequately protects
innocent parties. (L. 1986 S.B. 450 § 10, A.L. 1993 S.B. 180)

The clear proceeds of any sale or disposition after satisfaction
of the interest of any innocent party and after payment of the reasonable
costs of the CAFA proceeding, including reasonable storage costs as
assessed by the court, if any, shall be distributed pursuant to section 7
of article IX of the Constitution of the state of Missouri. (L. 1986 S.B.
450 § 11, A.L. 1993 S.B. 180)

1. Upon the entry of a final judgment of forfeiture in favor of
the state, the title of the state to the forfeited property shall:

(1) In the case of real property or beneficial interest, relate back to
the date of filing of the CAFA lien notice in the official records of the
county where the real property or beneficial trust is located and, if no
CAFA lien notice is filed, then to the date of the filing of any notice
of lis pendens under section 527.260, RSMo, in the official records of
the county where the real property or beneficial interest is located and,
if no CAFA lien notice or notice of lis pendens is so filed, then to the
date of recording of the final judgment of forfeiture in the official
records of the county where the real property or beneficial interest is
located; and

(2) In the case of personal property, relate back to the date the
personal property was seized by the investigating agency.

2. If property subject to forfeiture is conveyed, alienated, disposed of,
or otherwise rendered unavailable for forfeiture after the filing of a
CAFA lien notice or after the filing of a forfeiture petition, whichever
is earlier, the investigative agency may, on behalf of the state,
institute an action in the appropriate circuit court against the person
named in the CAFA lien notice or the defendant in the civil proceeding
and the court shall enter final judgment against the person named in the
CAFA lien notice or the defendant in the civil proceeding in an amount
equal to the fair market value of the property, together with
investigative costs and attorney's fees incurred by the investigative
agency in the action. If a civil proceeding is pending, such action shall
be filed only in the court where such civil proceeding is pending. (L.
1986 S.B. 450 § 12)

Effective 3-17-86

Notwithstanding any other provision of law, a proceeding under
this act* may be commenced up until five years after the conduct
terminates or the cause of action accrues. If a criminal prosecution or
civil action is brought by the state relating to conduct which would
constitute criminal activity as defined in section 513.605, then the
running of the period of limitations shall be suspended during the
pendency of such prosecution or action by the state and for five years
thereafter. (L. 1986 S.B. 450 § 13)

Effective 3-17-86

*"This act" (S.B. 450, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

(2002) Special statute of limitations does not apply to any causes of
action for recovery of property wrongfully taken other than forfeiture
actions under the Criminal Activity Forfeiture Act. Yahne v. Pettis
County Sheriff Dept., 73 S.W.3d 717 (Mo.App. W.D.).

The application of one civil remedy under any provision of this
act* shall not preclude the application of any other remedy. Remedies
under this act* are supplemental and not mutually exclusive. (L. 1986
S.B. 450 § 14)

Effective 3-17-86

*"This act" (S.B. 450, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. Notwithstanding any other provision of law, a valid judgment
rendered by a court of a jurisdiction having a law substantially similar
to sections 513.600 to 513.645 will be recognized and enforced by the
courts of this state to the extent that a judgment rendered by a court of
this state pursuant to sections 513.600 to 513.645 would be enforced in
such other jurisdiction.

2. The attorney general is hereby authorized to enter into reciprocal
agreements with the attorney general or chief prosecuting attorney of any
jurisdiction having a law substantially similar to sections 513.600 to
513.645 so as to further the purposes of sections 513.600 to 513.645. (L.
1986 S.B. 450 § 15)

Effective 3-17-86

1. Upon the institution of a civil forfeiture proceeding or, if
no civil suit has been instituted, upon the return of an indictment or
filing of an information of a crime which may constitute criminal
activity as defined in section 513.605, the investigative agency then or
at any time during the pendency of the proceeding may file in the
official records of any one or more counties a CAFA lien notice. No
filing fee or other charge shall be required as a condition for filing
the CAFA lien notice. The recorder of deeds shall, upon the presentation
of a CAFA lien notice, immediately record it in the official records.

2. The CAFA lien notice shall be signed by the attorney general or his
designee or by a prosecuting or circuit attorney or his designee. The
notice shall be in such form as the attorney general prescribes and shall
set forth the following information:

(1) The name of the person against whom the civil proceeding has been
brought. The investigative agency may also name in the CAFA lien notice
any other aliases, names, or fictitious names under which the person may
be known. The investigative agency may also name in the CAFA lien notice
any corporation, partnership, or other entity that is either controlled
by or entirely owned by the person;

(2) If known to the investigative agency, the present residence and
business addresses of the person named in the CAFA lien notice and of the
other names set forth in the CAFA lien notice;

(3) A reference to the civil proceeding stating that a proceeding under
this act* has been brought against the person named in the CAFA lien
notice, the name of the county or counties where the proceeding has been
brought, and, if known to the investigative agency at the time of filing
the CAFA lien notice, the case number of the proceeding;

(4) A statement that the notice is being filed pursuant to this act*; and

(5) The name and address of the investigative agency filing the CAFA lien
notice and the name of the individual signing the CAFA lien notice.

3. A CAFA lien notice shall apply only to one person and, to the extent
applicable, any aliases, fictitious names, or other names, including
names of corporations, partnerships, or other entities. A separate CAFA
lien notice shall be filed for any other person against whom the
investigative agency desires to file a CAFA lien notice under this
section.

4. The investigative agency shall, as soon as practicable after the
filing of each CAFA lien notice, furnish to the person named in the
notice either a copy of the recorded notice or a copy of the notice with
a notation thereon of the county or counties in which the notice has been
recorded. The failure of the investigative agency to so furnish a copy of
the notice under this subsection shall not invalidate or otherwise affect
the notice.

5. The filing of a CAFA lien notice creates, from the time of its filing,
a lien in favor of the state on the following property of the person
named in the notice and against any other names set forth in the notice:

(1) Any real property situated in the county where the notice is filed
then or thereafter owned by the person; and

(2) Any beneficial interest situated in the county where the notice is
filed then or thereafter owned by the person.

6. The lien shall commence and attach as of the time of filing of the
CAFA lien notice and shall continue thereafter until expiration,
termination, or release. The lien created in favor of the state shall be
superior and prior to the interest of any other person in the real
property or beneficial interest if the interest is acquired subsequent to
the filing of the notice.

7. In conjunction with any civil proceeding:

(1) The investigative agency may file without prior court order in any
county a lis pendens and, in such case, any person acquiring an interest
in the subject real property or beneficial interest subsequent to the
filing of lis pendens shall take the interest subject to the civil
proceeding and any subsequent judgment of forfeiture; and

(2) If a CAFA lien notice has been filed, the investigative agency may
name as defendants, in addition to the person named in the notice, any
persons acquiring an interest in the real property or beneficial interest
subsequent to the filing of the notice. If a judgment of forfeiture is
entered in the proceeding in favor of the state, the interest of any
person in the property that was acquired subsequent to the filing of the
notice shall be subject to the notice and judgment of forfeiture.

8. (1) A trustee who acquires actual knowledge that a CAFA lien notice or
a civil proceeding under sections 513.600 to 513.645 has been filed
against any person for whom he holds legal or record title to real
property shall immediately furnish to the investigative agency the
following:

(a) The name and address of the beneficiary against whose interest the
CAFA lien notice or the CAFA proceeding has been filed, as known to the
trustee;

(b) The name and address, as known to the trustee, of all other persons
for whose benefit the trustee holds title to the real property; and

(c) A copy of the trust agreement or other instrument pursuant to which
the trustee holds legal or record title to the real property;

(2) Any trustee who fails to comply with the provisions of this
subsection is guilty of a class C misdemeanor.

9. Any trustee who conveys title to real property for which a CAFA lien
notice has been filed at the time of the conveyance in the county where
the real property is situated naming a person who, to the actual
knowledge of the trustee, holds a beneficial interest in the trust shall
be liable to the state for the greater of:

(1) The amount of proceeds received directly by the person named in the
CAFA lien notice as a result of the conveyance;

(2) The amount of proceeds received by the trustee as a result of the
conveyance and distributed to the person named in the CAFA lien notice; or

(3) The fair market value of the interest of the person named in the CAFA
lien notice in the real property so conveyed; however, if the trustee
conveys the real property and holds the proceeds that would otherwise be
paid or distributed to the beneficiary or at the direction of the
beneficiary or his designee, the trustee's liability shall not exceed the
amount of the proceeds so held for so long as the proceeds are held by
the trustee.

10. The filing of a CAFA lien notice shall not constitute a lien on the
record title to real property as owned by the trustee except to the
extent the trustee is named in the CAFA lien notice. The investigative
agency may bring a civil proceeding in any circuit court against the
trustee to recover from the trustee the amounts set forth in subsection 9
of this section, and the state shall also be entitled to recover
investigative costs and attorney's fees incurred by the investigative
agency.

11. The filing of a CAFA lien notice shall not affect the use to which
real property or a beneficial interest owned by the person named in the
CAFA lien notice may be put or the right of the person to receive any
avails, rents, or other proceeds resulting from the use and ownership,
but not the sale, of the property until a judgment of forfeiture is
entered.

12. (1) The provisions of this section shall not apply to any conveyance
by a trustee pursuant to a court order unless such court order is entered
in an action between the trustee and the beneficiary;

(2) Unless the trustee has actual knowledge that a person owning a
beneficial interest in the trust is named in a CAFA lien notice or is
otherwise a defendant in a civil proceeding, the provisions of this
section shall not apply to:

(a) Any conveyance by a trustee required under the terms of any trust
agreement, which trust agreement is a matter of public record prior to
the filing of any CAFA lien notice; or

(b) Any conveyance by a trustee to all of the persons who own a
beneficial interest in the trust.

13. All forfeitures or dispositions under this section shall be made with
due provision for the rights of innocent persons. (L. 1986 S.B. 450 § 16)

Effective 3-17-86

*"This act" (S.B. 450, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The term of a CAFA lien notice shall be for a period of six
months from the date of filing of the petition. Said lien notice may be
renewed by the investigative agency one time prior to judgment. After
judgment in favor of the investigative agency the CAFA lien notice shall
be for a period of six years. The investigative agency shall be entitled
to only one renewal of the CAFA lien notice after judgment.

2. The investigative agency filing the CAFA lien notice may release in
whole or in part any CAFA lien notice or may release any specific real
property or beneficial interest from the CAFA lien notice upon such terms
and conditions as it may determine. Any release of a CAFA lien notice
executed by the investigative agency may be filed in the official records
of any county. No charge or fee shall be imposed for the filing of any
release of a CAFA lien notice.

3. If no civil proceeding has been instituted by the investigative agency
seeking a forfeiture of any property owned by the person named in the
CAFA lien notice, the acquittal in the criminal proceeding of the person
named in the CAFA lien notice or the dismissal of the criminal proceeding
shall terminate the CAFA lien notice; and, in such case, the filing of
the CAFA lien notice shall have no effect.

4. If no civil proceeding is then pending against the person named in a
CAFA lien notice, any person named in a CAFA lien notice may institute an
action against the investigative agency filing the notice in the county
where the notice has been filed seeking a release or extinguishment of
the notice; and, in such case:

(1) The court shall, upon the motion of such person, immediately enter an
order setting a date for hearing, which shall be not less than five nor
more than ten days after the suit has been filed. The order, along with a
copy of the complaint, shall be served on the investigative agency within
three days after the institution of the suit. At the hearing, the court
shall take evidence on the issue of whether any real property or
beneficial interest owned by such person is covered by the CAFA lien
notice or otherwise subject to forfeiture under the Missouri CAFA act. If
such person shows by the preponderance of the evidence that the CAFA lien
notice is not applicable to him or that any real property or beneficial
interest owned by him is not subject to forfeiture under this act*, the
court shall enter a judgment extinguishing the CAFA lien notice or
releasing the real property or beneficial interest from the CAFA lien
notice;

(2) The court shall immediately enter its order releasing from the CAFA
lien notice any specific real property or beneficial interest if a sale
of the real property or beneficial interest is pending and the filing of
the notice prevents the sale of the property or interest; provided,
however, that the proceeds resulting from the sale of the real property
or beneficial interest shall be deposited into the registry of the court,
subject to the further order of the court; and

(3) At the hearing set forth in subdivision (1) of this subsection, the
court may release from the CAFA lien notice any real property or
beneficial interest upon the posting by such person of such security as
is equal to the value of the real property or beneficial interest owned
by such person.

5. In the event a civil proceeding is pending against a person named in a
CAFA lien notice, the court, upon motion by said person, may grant the
relief set forth herein.

6. Upon acquittal or dismissal of a criminal action against a person also
named in a CAFA action, the civil action shall be dismissed. (L. 1986
S.B. 450 § 17)

Effective 3-17-86

*"This act" (S.B. 450, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. No state or local law enforcement agency may transfer any
property seized by the state or local agency to any federal agency for
forfeiture under federal law until the prosecuting attorney and the
circuit judge of the county in which the property was seized first review
the seizure and approve the transfer to a federal agency, regardless of
the identity of the seizing agency. The prosecuting attorney and the
circuit judge shall not approve any transfer unless it reasonably appears
the activity giving rise to the investigation or seizure involves more
than one state or unless it is reasonably likely to result in federal
criminal charges being filed, based upon a written statement of intent to
prosecute from the United States attorney with jurisdiction. No transfer
shall be made to a federal agency unless the violation would be a felony
under Missouri law or federal law.

2. Prior to transfer, in an ex parte proceeding, the prosecuting attorney
shall file with the court a statement setting forth the facts and
circumstances of the event or occurrence which led to the seizure of the
property and the parties involved, if known. The court shall certify the
filing, and notify by mailing to the last known address of the property
owner that his property is subject to being transferred to the federal
government and further notify the property owner of his right to file a
petition stating legitimate grounds for challenging the transfer. If
within ninety-six hours after the filing of the statement by the
prosecuting attorney, the property owner by petition shows by a
preponderance of the evidence that the property should not be transferred
to the federal government for forfeiture, the court shall delay such
transfer until a hearing may be held. If the court orders a delay in
transfer, no later than ten days after the filing of a petition under
this section and sections 513.649 and 513.651, a hearing shall be held
unless the court deems, for good cause shown, that a continuance should
be granted. At the hearing, if the prosecutor has proved by a
preponderance of the evidence that the investigation or seizure involved
more than one state or that the nature of the investigation or seizure
would be better pursued under the federal forfeiture statutes, the court
shall order that the transfer shall be made. (L. 1993 H.B. 562 § 6
subsecs. 1, 2, A.L. 2001 S.B. 5 & 21)

(1997) Section does not require a conviction for transfer to federal
agency of seized property. The application for transfer must cite the
specific felony statute with the elements of the offense as well as
sufficient evidence to find by a preponderance of the evidence that the
property is sufficiently connected to the felony. State v. Sledd, 949
S.W.2d 643 (W.D.Mo.).

(2000) Seizure occurred when city police stopped and arrested claimant
for traffic violations and took possession of money found in car;
divestment of claimant's possessory interests occurred at that point and
not when money was transferred to federal agents. Also, transfer was
improper without first obtaining approval from circuit judge and
prosecutor. Karpierz v. Easley, 31 S.W.3d 505 (Mo.App.W.D.).

Any property seized by state or local peace or reserve officers
who are detached to, deputized or commissioned by or working in
conjunction with the federal agency shall remain subject to the
provisions of this section and sections 513.647 and 513.651. (L. 1993
H.B. 562 § 6 subsec. 3)

The moneys acquired by law enforcement agencies pursuant to this
section and sections 513.647 and 513.649 shall be used only by the law
enforcement agency for the investigation or prosecution of criminal
activity, the execution of court orders arising from such activity, the
enforcement of drug-related crimes, training, drug education, and the
safety of both the citizens and law enforcement officers. (L. 1993 H.B.
562 § 6 subsec. 4)

1. Law enforcement agencies involved in using the federal
forfeiture system under federal law shall be required at the end of their
respective fiscal year to acquire an independent audit of the federal
seizures and the proceeds received therefrom and provide this audit to
their respective governing body and to the department of public safety. A
copy of such audit shall be provided to the state auditor's office. This
audit shall be paid for out of the proceeds of such federal forfeitures.
The department of public safety shall not issue funds to any law
enforcement agency that fails to comply with the provisions of this
section.

2. Intentional or knowing failure to comply with the audit requirement
contained in this section shall be a class A misdemeanor, punishable by a
fine of up to one thousand dollars. (L. 1993 H.B. 562 § 7, A.L. 2001 S.B.
5 & 21, A.L. 2003 S.B. 5)

Effective 6-27-03

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