Missouri Statute | Act | Code |Statutory Actions And Torts| US Code - US Statute

In any court having competent jurisdiction, the plaintiff in any
civil action may have an attachment against the property of the
defendant, or that of any one or more of several defendants, in any one
or more of the following cases:

(1) Where the defendant is not a resident of this state;

(2) Where the defendant is a corporation, whose chief office or place of
business is out of this state;

(3) Where the defendant conceals himself, so that the ordinary process of
law cannot be served upon him;

(4) Where the defendant has absconded or absented himself from his usual
place of abode in this state, so that the ordinary process of law cannot
be served upon him;

(5) Where the defendant is about to remove his property or effects out of
this state, with the intent to defraud, hinder or delay his creditors;

(6) Where the defendant is about to remove out of this state, with the
intent to change his domicile;

(7) Where the defendant has fraudulently conveyed or assigned his
property or effects, so as to hinder or delay his creditors;

(8) Where the defendant has fraudulently concealed, removed or disposed
of his property or effects, so as to hinder or delay his creditors;

(9) Where the defendant is about fraudulently to convey or assign his
property or effects, so as to hinder or delay his creditors;

(10) Where the defendant is about fraudulently to conceal, remove or
dispose of his property or effects, so as to hinder or delay his
creditors;

(11) Where the cause of action accrued out of this state, and the
defendant has absconded, or secretly removed his property or effects into
this state;

(12) Where the damages for which the action is brought are for injuries
arising from the commission of some felony or misdemeanor, or for the
seduction of any female;

(13) Where the debtor has failed to pay the price or value of any article
or thing delivered, which by contract, he was bound to pay upon the
delivery;

(14) Where the debt sued for was fraudulently contracted on the part of
the debtor. (RSMo 1939 § 1438)

Prior revisions: 1929 § 1274; 1919 § 1725; 1909 § 2294

An attachment may issue on a demand not yet due in any of the
cases mentioned in section 521.010, except subdivisions (1), (2), (3) and
(4), but no judgment shall be rendered against the defendant until the
maturity of the demand. (RSMo 1939 § 1439)

Prior revisions: 1929 § 1275; 1919 § 1726; 1909 § 2295

An affidavit alleging any one of the causes set forth in the
several subdivisions of section 521.010, in the language of such
subsection, shall be held good and sufficient. (RSMo 1939 § 1440)

Prior revisions: 1929 § 1276; 1919 § 1727; 1909 § 2296

Attachments may issue from circuit courts for a sum less than
fifty dollars and not less than five dollars, when, in addition to the
affidavit herein required, it shall be stated by the affiant that the
defendant has not, to affiant's knowledge, any goods, chattels, effects
or credits, within the state, liable to attachment issued by an associate
circuit judge. And in all cases where such attachment shall have issued,
such court shall have and retain jurisdiction of the entire cause, and if
the attachment is for any reason dissolved, such court may proceed to try
the cause on its merits, the same as in cases of attachments for sums of
fifty dollars or more. (RSMo 1939 § 1441, A.L. 1945 p. 648)

Prior revisions: 1929 § 1277; 1919 § 1728; 1909 § 2297

Any plaintiff wishing to sue by attachment may file in the
clerk's office of the court in which the attachment is instituted a
petition or other lawful statement or exhibit of his cause of action,
and, except in suits instituted by the state or a county in its own
behalf, and also, except in cases where the defendant is not a resident
of the state of Missouri, in either of which cases no bond shall be
required, shall also file an affidavit and bond, and, thereupon, such
plaintiff may sue out an original attachment against the lands,
tenements, goods, moneys, effects and credits of the defendant in whose
hands soever the same may be; and where the affidavit for an attachment
states that the plaintiff will lose his claim, unless the writ of
attachment issues, and be served on Sunday or any other legal holiday,
the writ may be issued and served on that day; provided, that when any
writ of attachment has issued against a nonresident and the plaintiff has
given no bond, the attachment shall be dissolved as of course, and the
lands, tenements, goods, moneys, effects and credits of the defendant
taken or levied upon under such writ of attachment shall be released
therefrom, upon the defendant entering his appearance and filing his
answer to the merits of the case; unless the plaintiff shall, within ten
days from the date of the filing and service of defendant's answer and
entry of appearance, file his bond in said case in double the amount
sworn to in the affidavit of the plaintiff; provided, however, upon good
cause shown, the judge may grant an additional ten days to file said
bond; the bond herein provided for as to its effect and the obligation of
the parties thereto shall be the same as if filed before the writ of
attachment was issued. (RSMo 1939 § 1442, A.L. 1945 p. 650, A.L. 1978
H.B. 1634)

Prior revisions: 1929 § 1278; 1919 § 1729; 1909 § 2298

Effective 1-2-79

The affidavit shall be made by the plaintiff, or some person for
him, and shall state that the plaintiff has a just demand against the
defendant, and that the amount which the affiant believes the plaintiff
ought to recover, after allowing all just credits and setoffs, is ....
dollars, and that he has good reason to believe, and does believe, in the
existence of one or more of the causes which according to the provisions
of section 521.010 would entitle the plaintiff to sue by attachment.
(RSMo 1939 § 1443)

Prior revisions: 1929 § 1279; 1919 § 1730; 1909 § 2299

The bond shall be executed by the plaintiff, or some responsible
person as principal, and one or more sureties, resident householders of
the county in which the action is to be brought, in a sum at least double
the amount sworn to in the affidavit, payable to the state of Missouri,
conditioned that the plaintiff shall prosecute his action without delay
and with effect, refund all sums of money that may be adjudged to be
refunded to the defendant, or found to have been received by the
plaintiff and not justly due to him, and pay all damages and costs that
may accrue to any defendant, garnishee or interpleader by reason of the
attachment, or any process or proceeding in the suit, or by reason of any
judgment or process thereon, and pay all damages and costs that may
accrue to any sheriff or other officer by reason of acting under the writ
of attachment, following the instructions of the plaintiff. (RSMo 1939 §
1444)

Prior revisions: 1929 § 1280; 1919 § 1731; 1909 § 2300

(1995) Where supreme court rule required bonds not exceeding double the
judgment and statute requires bonds of at least double the judgment
sought, supreme court rule promulgated pursuant to Article V, Section 5,
Mo. Const., supersedes statute. If there is a conflict between supreme
court rules and a statute, the rule always prevails if it addresses
practice, procedure or pleadings State ex rel. Union Electric Co. V.
Barnes, 893 S.W.2d 804 (Mo. en banc).

The clerk shall judge of the sufficiency of the penalty and the
security in the bond; if they be approved, he shall endorse his approval
thereon, and the same, together with the affidavit and petition or other
lawful statement of the cause of action, shall be filed before an
attachment shall be issued; provided, that in all cases where the clerk
shall be a party to the suit, the sheriff shall pass on and determine the
sufficiency of the bond. (RSMo 1939 § 1445)

Prior revisions: 1929 § 1281; 1919 § 1732; 1909 § 2301

If, at any time pending a suit by attachment, it shall appear to
the court before which the action is pending that the bond given by the
plaintiff is insufficient, or that any surety therein has died, or has
removed from the state, or has become or is likely to become insolvent,
the court may order another bond and such further security to be given as
shall seem necessary--five days' previous notice, in writing, having been
given to the plaintiff, his agent or attorney, of the application for
such order. (RSMo 1939 § 1446)

Prior revisions: 1929 § 1282; 1919 § 1733; 1909 § 2302

If the plaintiff shall fail to comply with such order within ten
days after the same shall be made, the suit shall be dismissed at his
costs. (RSMo 1939 § 1447)

Prior revisions: 1929 § 1283; 1919 § 1734; 1909 § 2303

The bond given by the plaintiff, or other person, in a suit by
attachment, may be sued on at the instance of any party injured, in the
name of the state, to the use of such party, for the breach of the
condition of such bond, and the damages shall be assessed thereon as on
bonds with collateral condition. (RSMo 1939 § 1448)

Prior revisions: 1929 § 1284; 1919 § 1735; 1909 § 2304

In any suit on such bond, any obligor may avail himself of any
setoff or counterclaim he may have against the party to whose use the
suit is brought, with the same effect as if such party were the
plaintiff; and if such setoff or counterclaim shall exceed in amount the
damages proved in behalf of such party, judgment shall be rendered
against him in favor of the defendant setting up the setoff or
counterclaim for the amount of the excess and all proper costs. (RSMo
1939 § 1449)

Prior revisions: 1929 § 1285; 1919 § 1736; 1909 § 2305

The plaintiff in any civil action which shall have been
commenced by summons, and without original attachment, may, at any time
pending the suit and before final judgment, sue out an attachment in such
action, on filing an affidavit and bond, as required in cases of original
attachment. (RSMo 1939 § 1450) Prior revisions: 1929 § 1286; 1919 § 1737;
1909 § 2306

The original writ of attachment shall be directed and delivered
to the sheriff, or other officer authorized by law to serve the same, and
shall command him to attach the lands, tenements, goods, chattels,
rights, moneys, credits, evidences of debt and effects of the defendant,
or so much thereof as will be sufficient to satisfy the plaintiff's
claim, as sworn to, with interest and costs, and to summon as garnishees
all persons in whose hands or possession any personal property, rights,
credits, evidences of debt, effects or money of the defendant may be, or
who may be named by the plaintiff or his attorney as garnishees. When the
action is commenced by attachment, the writ shall further contain a
summons to the defendant, of the nature and effect of an ordinary
summons, to appear and answer the action of the plaintiff. (RSMo 1939 §
1455)

Prior revisions: 1929 § 1291; 1919 § 1742; 1909 § 2311

Original writs of attachment shall be issued and returned in
like time and manner as ordinary writs of summons. (RSMo 1939 § 1459)

Prior revisions: 1929 § 1295; 1919 § 1746; 1909 § 2315

When there are several defendants, who reside or have property
in different counties, and when a single defendant in any such action has
property or effects in different counties, separate writs may issue to
every such county. (RSMo 1939 § 1458)

Prior revisions: 1929 § 1294; 1919 § 1745; 1909 § 2314

The manner of serving writs of attachment shall be as follows:

(1) The writ and petition shall be served upon the defendant as an
ordinary summons;

(2) Garnishees shall be summoned by the sheriff or other proper officer,
declaring to them that he does summon them to appear at the return term
of the writ to answer the interrogatories which may be exhibited by the
plaintiff, and by reading the writ to them, if required;

(3) When lands or tenements are to be attached, the officer shall briefly
describe the same in his return, stating the quantity and situation, and
declare that he has attached all the right, title and interest of the
defendant in the same or so much thereof as shall be sufficient to
satisfy the debt and interest, or damages and costs; and shall also file
in the recorder's office of the county where the real estate is situated
an abstract of the attachment, showing the names of the parties to the
suit, and the amount of the debt, the date of the levy, and a description
of the real estate levied on by the same, which shall be duly recorded in
the land records and the recording paid for by the officer, and charged
and collected as other costs; and the officer shall moreover give notice
to the actual tenants, if any, at least ten days before the return day of
the writ, and state the fact of such notice and the names of the tenants
in his return;

(4) When goods and chattels, money or evidences of debt are to be
attached, the officer shall take the same and keep them in his custody,
if accessible; and if not accessible, he shall declare to the person in
possession thereof that he attaches the same in his hands, and summons
such person as garnishee;

(5) When the credits of the defendant are to be attached, the officer
shall declare to the debtor of the defendant that he attaches in his
hands all debts due from him to the defendant, or so much thereof as
shall be sufficient to satisfy the debt and interest, or damages and
costs, and summon such debtor as garnishee. (RSMo 1939 § 1460)

Prior revisions: 1929 § 1296; 1919 § 1747; 1909 § 2316

The officer executing a writ of attachment shall return with the
writ all bonds taken by him in virtue thereof, and a schedule of all
property and effects attached. (RSMo 1939 § 1462)

Prior revisions: 1929 § 1298; 1919 § 1749; 1909 § 2318

If the officer fail to return a good and sufficient bond in any
case where a bond is required by law, the court may, upon motion of the
plaintiff, rule the officer to file a good and sufficient bond, to be
judged of by the court on or before the day to which the writ is
returnable; and in default thereof, such officer shall be held and
considered as security for the performance of all acts, and the payment
of all money, to secure the performance and payment of which such bond
ought to have been taken, and he and his sureties shall be liable
therefor on his official bond; but no such motion shall be made unless at
the time when the writ is returnable or within six days thereof. (RSMo
1939 § 1463, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1299; 1919 § 1750; 1909 § 2319

Effective 1-2-79

If, at any time after the return of an attachment, it shall
appear to the satisfaction of the court or clerk that the property,
effects and credits attached will not be sufficient to satisfy the amount
sworn to and costs, the court or clerk may award other writs of
attachment, until sufficient property, effects or credits shall be
attached to satisfy such amount and costs. (RSMo 1939 § 1451)

Prior revisions: 1929 § 1287; 1919 § 1738; 1909 § 2307

Every writ of attachment sued out by virtue of either section
521.130 or 521.200 shall be entitled in the cause pending, and be in aid
thereof. (RSMo 1939 § 1452)

Prior revisions: 1929 § 1288; 1919 § 1739; 1909 § 2308

The form of the writ shall, as well as may be, conform to that
of original attachments, reciting briefly the circumstances, except that
the clause of the summons as to all defendants previously summoned shall
be omitted. (RSMo 1939 § 1453)

Prior revisions: 1929 § 1289; 1919 § 1740; 1909 § 2309

Such writs of attachment shall be issued, served and returned in
the same manner, and the like proceedings shall be had thereon as are
required or allowed on original attachments, in all things as near as may
be. (RSMo 1939 § 1454)

Prior revisions: 1929 § 1290; 1919 § 1741; 1909 § 2310

Under an attachment, the officer shall be authorized to seize,
as attachable property, the defendant's account books, accounts, notes,
bills of exchange, bonds, certificates of deposit, and other evidences of
debt, as well as his other property, real, personal and mixed, and any
and all judgment debts of the defendant, as well where the judgment or
judgments may exist in the court out of which such writ may issue, as
where the same may exist in any other court within the jurisdiction of
the court out of which such writ may issue; but no property or wages
declared by statute to be exempt from execution shall be attached, except
in the case of a nonresident defendant, or of a defendant who is about to
move out of the state with intent to change his domicile. (RSMo 1939 §
1456)

Prior revisions: 1929 § 1292; 1919 § 1743; 1909 § 2312

Shares of stock in any bank, association, joint-stock company or
corporation, belonging to any defendant in any writ of attachment, may be
attached in the same manner as the same may be levied upon under
execution. (RSMo 1939 § 1457)

Prior revisions: 1929 § 1293; 1919 § 1744; 1909 § 2313

When property of the defendant found in his possession or in the
hands of any other person shall be attached, the defendant, or such other
person, may retain or regain the possession thereof at any time before
final judgment or sale of such property under the order of court, by
giving bond and security to the satisfaction of the officer executing the
writ, or other proper officer, to the sheriff, his successor or their
assigns, in double the value of the property attached, conditioned that
the same shall be forthcoming when and where the court shall direct, and
shall abide the judgment of the court. (RSMo 1939 § 1461)

Prior revisions: 1929 § 1297; 1919 § 1748; 1909 § 2317

When property shall be actually seized which is likely to perish
or depreciate in value before the probable termination of the suit, or
the keeping of which would be attended with much loss or expense, the
court may order the same to be sold by the officer having charge of the
property, and a return of the proceedings thereon to be made by the
officer at a time to be fixed therein, and the sale shall be conducted in
like manner, as near as may be, as sales of goods under writs of fieri
facias. (RSMo 1939 § 1464, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1300; 1919 § 1751; 1909 § 2320

Effective 1-2-79

The order of sale, when made in vacation, shall be delivered to
the clerk of the court and filed in the cause; and the clerk shall
deliver to the officer having charge of the property a copy of every
order of sale, whether made in term or vacation; and such officer shall
make return thereof to the court, at such time as shall be expressed in
the order, showing how he has executed the same; and the proceeds of such
sale shall be paid into court or otherwise disposed of as the court or
judge may order. (RSMo 1939 § 1465)

Prior revisions: 1929 § 1301; 1919 § 1752; 1909 § 2321

When property is seized on attachment, the court may allow to
the officer having charge thereof such compensation for his trouble and
expenses in keeping the same as shall be reasonable and just. (RSMo 1939
§ 1466)

Prior revisions: 1929 § 1302; 1919 § 1753; 1909 § 2322

The court, or in vacation the judge, may in a proper case, on
the application of the plaintiff, appoint a receiver, who shall take an
oath faithfully to discharge his duty, and shall enter into bond to the
state of Missouri, in such sum as the court or judge may direct, and with
security approved by the court or judge, for the faithful performance of
his duty as receiver, and that he will pay over all money and account for
all property which may come into his hands by virtue of his appointment,
at such times and in such manner as the court may direct. This bond may
be sued on, in the name of the state, at the instance and to the use of
any party injured. (RSMo 1939 § 1467)

Prior revisions: 1929 § 1303; 1919 § 1754; 1909 § 2323

When notes, bills, books of account, accounts or other evidences
of debt are attached, they shall not be subject to be retained upon the
execution of a delivery bond, as herein provided, but shall be delivered
to the receiver, who shall proceed with diligence to settle and collect
the same. For that purpose he may commence and maintain actions on the
same, in his own name; but in such actions no right of defense shall be
impaired. (RSMo 1939 § 1468)

Prior revisions: 1929 § 1304; 1919 § 1755; 1909 § 2324

The receiver shall forthwith give notice of his appointment to
the persons indebted to the defendant. The notice shall be written or
printed, and shall be served on each debtor, by a copy delivered to him,
or left at his place of residence or business, or, if he resides in
another county, by a copy deposited in the post office, and addressed to
him at his place of residence; and from the date of such service and
knowledge thereof, every such debtor shall stand liable, and shall
account to the receiver for the amount of moneys and credits of the
defendant in his hands, or due from him to the defendant. (RSMo 1939 §
1469)

Prior revisions: 1929 § 1305; 1919 § 1756; 1909 § 2325

The receiver shall, when required, report his proceedings to the
court, and shall hold all moneys collected, and all property received by
him, subject to the order of the court. He shall receive such
compensation as the court may allow. (RSMo 1939 § 1470)

Prior revisions: 1929 § 1306; 1919 § 1757; 1909 § 2326

Until a receiver is appointed, the attaching officer shall have
all the powers and perform all the duties of a receiver under sections
521.010 to 521.650, and may commence and maintain actions in his own
name, as such officer, on debts or evidences of debt attached. He may, in
such case, be required to give security other than his official bond;
but, if not so required, the sureties in his official bond shall be held
liable, as in other cases of his official action. (RSMo 1939 § 1471)

Prior revisions: 1929 § 1307; 1919 § 1758; 1909 § 2327

In all cases not specially provided for by sections 521.010 to
521.650, all pleadings and other proceedings in attachment causes shall
conform to and be governed, as near as may be, by the laws regulating the
practice in civil cases; and the respective courts may prescribe by rule
the time and manner of interpleading, of exhibiting and filing papers, or
taking any other needful steps therein, when the same are not prescribed
by law; but nothing herein contained shall be construed to prevent the
defendant from pleading to the merits of any action instituted upon a
demand not due, at any time before the maturity thereof. (RSMo 1939 §
1472)

Prior revisions: 1929 § 1308; 1919 § 1759; 1909 § 2328

When the defendant has been served with the writ, or appears to
the action, the proceedings in the cause shall be the same as in actions
instituted by summons only, and the judgment and execution shall hold,
not only the property attached, but the other property of the defendant.
(RSMo 1939 § 1473)

Prior revisions: 1929 § 1309; 1919 § 1760; 1909 § 2329

When the defendant is summoned to appear, or shall appear
voluntarily, the like proceedings shall be had between him and the
plaintiff as in ordinary actions commenced by summons, and a general
judgment may be rendered for or against the defendant. (RSMo 1939 § 1477)

Prior revisions: 1929 § 1313; 1919 § 1764; 1909 § 2333

When the defendant shall be notified by publication, as
directed, and shall not appear and answer the action, judgment by default
may be entered, which may be proceeded on to final judgment in like
manner as in ordinary actions; but in no case shall judgment be rendered
against the defendant for a greater amount than that sworn to by the
plaintiff at the time of obtaining the attachment, with interest, damages
and costs. (RSMo 1939 § 1474)

Prior revisions: 1929 § 1310; 1919 § 1761; 1909 § 2330

Such judgment shall bind only the property and effects attached,
and no execution shall issue against any other property of the defendant;
nor shall such judgment be any evidence of debt against the defendant in
any subsequent suit. (RSMo 1939 § 1475)

Prior revisions: 1929 § 1311; 1919 § 1762; 1909 § 2331

When there are two or more defendants in attachment, and the
property, effects or credits of part of them are attached by garnishment,
and the others are not summoned, the plaintiff may, at his option,
proceed against those whose property, effects or credits have been
attached, or continue the cause, and sue out new process against the
other defendants; but when the property of one or more of the defendants
has been actually seized or secured by bond, the cause shall not be
delayed for the purpose of suing out new process against the other
defendants, unless, for cause, the court so order. (RSMo 1939 § 1476)

Prior revisions: 1929 § 1312; 1919 § 1763; 1909 § 2332

In all cases where property, effects or credits are attached,
the defendant may file a motion to dissolve the attachment, verified by
affidavit, putting in issue the truth of the facts alleged in the
affidavit on which the attachment was sued out. (RSMo 1939 § 1478, A.L.
1955 p. 776)

Prior revisions: 1929 § 1314; 1919 § 1765; 1909 § 2334

1. The court shall hear evidence upon the issue joined by the
motion to dissolve the attachment, and the burden is upon the plaintiff
to prove the ground of attachment; and the court shall make an order
either sustaining or overruling the motion to dissolve and, if the motion
is overruled, the attachment remains in full force and effect unless the
plaintiff voluntarily dismisses the same.

2. Upon the trial of the case upon the merits, which shall be on the
record, there shall be incorporated in the judgment rendered in the
cause, as a part of such judgment, a finding and judgment either that the
attachment is dissolved and the sureties thereon released, or that the
attachment is sustained, the finding to be in accordance with the action
of the court theretofore taken on the motion to dissolve the attachment.
Either party may appeal from a judgment rendered after timely filing of a
motion for a new trial and adverse action thereon. The giving of an
appeal bond by the appellant in such amount as the court requires shall
operate as a supersedeas of the judgment. If the bond is given by the
plaintiff, it preserves the attachment in full force until the final
determination of the appeal in the appellate court, or of the case upon a
retrial in the trial court. The appeal shall be taken and perfected as in
ordinary civil actions.

3. If the plaintiff, in case the judgment or findings are against him,
fails to appeal or, if the appeal is dismissed, or, if upon an appeal the
judgments or findings are affirmed, he and his sureties are liable on
their bond for all damages and costs occasioned by the attachment or any
subsequent proceedings connected therewith. (RSMo 1939 § 1479, A.L. 1955
p. 776, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

Prior revisions: 1929 § 1315; 1919 § 1766; 1909 § 2335

Effective 1-1-87

1. If a defendant, in any attachment cause, except on debts not
due, die after the levy of writ, or the summoning of a garnishee under
it, the action and attachment and issues, with the garnishees or
interpleader, made or to be made, shall not by reason of such death be
dismissed, or the lien of the attachment destroyed; but all such actions
and proceedings shall be proceeded on to final judgment and
determination, in all respects and in like manner as if the defendant
were living.

2. The executor or administrator of the decedent, if any, shall be made a
party to the cause in the manner provided by law in ordinary actions. If
there be no executor or administrator the court in which the cause is
pending shall appoint an attorney to defend against the cause and
attachment until the executor or administrator shall be made a party and
such attorney shall be paid for his services a reasonable compensation,
to be allowed by the court and taxed as costs in the cause; provided,
that the attachment plaintiff in case of attachment on a debt not due
may, at his or her election, proceed in such action against the
administrator on the merits of said cause, or dismiss such case and
present such claim in the ordinary way in the probate division of the
circuit court for allowance against the estate of such deceased
defendant. (RSMo 1939 § 1480, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1316; 1919 § 1767; 1909 § 2336

Effective 1-2-79

The person appointed attorney, as directed, shall, as long as
his appointment continues in force, be deemed, to all intents and
purposes, the representative of the decedent, and shall have the same
power to file pleadings, order process, or take any other steps in the
defense, as the decedent would have were he living. (RSMo 1939 § 1481)

Prior revisions: 1929 § 1317; 1919 § 1768; 1909 § 2337

If judgment shall be rendered on the attachment in favor of the
plaintiff, as provided in section 521.430, no execution shall issue
thereon, requiring the sale of any property or effects attached, as
belonging to the defendant; but all such property and effects shall be
sold, and the proceeds thereof appropriated in the manner provided by law
respecting administrators and executors. (RSMo 1939 § 1482)

Prior revisions: 1929 § 1318; 1919 § 1769; 1909 § 2338

After the death of any defendant, no court or judge shall order,
as above directed, the sale of any property or effects attached as
belonging to such decedent, but the same shall be sold and the proceeds
thereof appropriated in the manner provided by law respecting
administrators and executors. (RSMo 1939 § 1483)

Prior revisions: 1929 § 1319; 1919 § 1770; 1909 § 2339

Every defendant not served with a summons may, at any time
before final judgment against him, appear and plead to the merits of the
action on such terms as the court may direct. (RSMo 1939 § 1484)

Prior revisions: 1929 § 1320; 1919 § 1771; 1909 § 2340

Attachments in circuit courts may be dissolved on motion made in
behalf of the defendant, at any time before final judgment, in the
following cases:

(1) When the affidavit on which the same was founded shall be adjudged by
the court insufficient; but no attachment shall be dissolved in such
case, if the plaintiff shall file a good and sufficient affidavit, to be
approved by the court, in such time and manner as the court shall direct;
such affidavit may embrace the same ground of attachment set forth in the
previous affidavit, or any other grounds, or both, at the option of the
affiant;

(2) When the defendant shall appear and plead to the action, and give
bond to the plaintiff, with good and sufficient security, to be approved
by the court, in double the amount of the property, effects and credits
attached, conditioned that such property, effects and credits shall be
forthcoming, and abide the judgment which shall be rendered in the cause,
when and where the court shall direct;

(3) When the defendant shall appear and plead to the action, and give
like bond and security in a sum sufficient to satisfy the amount sworn
to, in behalf of the plaintiff, with interest and costs of suit,
conditioned that the defendant shall pay to plaintiff the amount which
may be adjudged in favor of the plaintiff, interest and all costs of
suit. (RSMo 1939 § 1485, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1321; 1919 § 1772; 1909 § 2341

Effective 1-2-79

When any attachment shall be dissolved, all proceedings touching
the property and effects attached, and the garnishee summoned, shall be
vacated, and the suit shall proceed as if it had been commenced by
summons only. (RSMo 1939 § 1486)

Prior revisions: 1929 § 1322; 1919 § 1773; 1909 § 2342

1. Where the same property is attached in several actions by
different plaintiffs, against the same defendant, the court may settle
and determine all controversies which may arise between any of the
plaintiffs in relation to the property, and the priority, validity, good
faith, force and effect of the different attachments, and may dissolve
any attachment, partially or wholly, or postpone it to another, or make
such order in the premises as right and justice may require.

2. If the writs issued from different courts of coordinate jurisdiction,
such controversies shall be determined by that court out of which the
first writ of attachment was issued; in order whereto, the cases
originating in the other court shall be transferred to it, and shall
thenceforth be there heard, tried and determined in all their parts, as
if they had been instituted therein.

3. And when the defendant has been notified by publication, and does not
appear, any plaintiff, in the circumstances contemplated in this section,
may make any defense to any previous attachment, or to the action, which
the defendant might; but no judgment on any issue made in such manner
shall be binding on the defendant personally, or bar the plaintiff in an
action so contested by an opposing plaintiff from again suing the
defendant on the same cause of action. (RSMo 1939 § 1487, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 1323; 1919 § 1774; 1909 § 2343

Effective 1-2-79

Any attaching creditor may maintain an action for the purpose of
setting aside any fraudulent conveyance, assignment, charge, lien or
encumbrance of or upon any property attached in any action instituted by
him; and where several attachments in favor of different plaintiffs are
levied on the same property, all or any number of such plaintiffs may
join in the same action for that purpose. (RSMo 1939 § 1488)

Prior revisions: 1929 § 1324; 1919 § 1775; 1909 § 2344

Any person claiming property, money, effects or credits
attached, may interplead in the cause, verifying the same by affidavit,
and issues may be made upon such interplea, and shall be tried as like
issues between plaintiff and defendant, and without any unnecessary
delay. (RSMo 1939 § 1489)

Prior revisions: 1929 § 1325; 1919 § 1776; 1909 § 2345

In all cases of interpleader, costs may be adjudged for or
against either party, as in ordinary actions. (RSMo 1939 § 1490)

Prior revisions: 1929 § 1326; 1919 § 1777; 1909 § 2346

In all suits by attachments, the court in which such suits are
pending may, for the furtherance of justice, in its discretion, permit
any person or persons who are creditors of the same defendant to appear
in said suits on behalf of the defendant and make all such defenses as
the defendant could make. (RSMo 1939 § 1493)

Prior revisions: 1929 § 1329; 1919 § 1780; 1909 § 2349

Any judgment rendered against any defendant after such defense,
without personal service on the defendant, or his appearance to the
action, shall bind only the property and effects attached, and execution
shall issue only in the manner provided by law upon other judgments
entered by default, on proof of publication of notice. (RSMo 1939 § 1494)

Prior revisions: 1929 § 1330; 1919 § 1781; 1909 § 2350

Executions may be awarded and issued on judgments rendered as
provided by sections 521.010 to 521.650, according to the circumstances
of each case, as follows:

(1) Where there is a general judgment against the defendant, the
execution shall be a common fieri facias, which may be levied upon all
the property of the defendant subject to execution, whether attached in
the cause or not;

(2) Where there is a special judgment against the property, money or
effects attached, the execution shall be a special fieri facias against
such property, money or effects only, and may be levied upon the same
whether in the hands of the officer or secured by bond, as provided in
these sections, and shall not be for more than the amount sworn to in the
affidavit for the attachment, with interest and costs thereon. (RSMo 1939
§ 1495)

Prior revisions: 1929 § 1331; 1919 § 1782; 1909 § 2351

Whenever it shall appear from the return of the officer upon an
execution issued in an attachment suit, that none of the property
attached has been found, or only a part thereof, and that said execution
is not fully satisfied, the court shall direct the officer to assign to
the plaintiff, his executor or administrator the bonds taken by him for
the forthcoming of the property attached; and such court may, upon
motion, render judgment in favor of the plaintiff, his executor or
administrator, against the obligors in the bond, for the value of such
property, or if the value of such property should be greater than the
amount due upon execution, then for the amount due, together with twenty
percent damages upon such value or amount. (RSMo 1939 § 1491, A.L. 1978
H.B. 1634)

Prior revisions: 1929 § 1327; 1919 § 1778; 1909 § 2347

Effective 1-2-79

No judgment shall be rendered upon such motion, unless the
plaintiff shall have given the obligors in the bond at least fifteen
days' notice, in writing, of such motion. (RSMo 1939 § 1492)

Prior revisions: 1929 § 1328; 1919 § 1779; 1909 § 2348

In cases where judgment is rendered against the defendant, upon
publication of notice, without service of a summons or his appearance to
the action, he shall be allowed two years, and no longer, from the date
of the judgment, to appear and disprove or avoid the debt or damages
adjudged against him, or any part thereof. (RSMo 1939 § 1497)

Prior revisions: 1929 § 1333; 1919 § 1784; 1909 § 2353

In order to disprove or avoid the debt and damages, or damages
as mentioned in section 521.590, the defendant may petition the court
rendering the judgment, or the court to which the records and papers may
have been removed, setting forth the grounds on which he resists the
demand of the plaintiff, and furnish the plaintiff with a copy of the
petition fifteen days before the same shall be presented, with a written
notice, endorsed on the copy, of the day and place when and where the
petition will be presented. (RSMo 1939 § 1498, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1334; 1919 § 1785; 1909 § 2354

Effective 1-2-79

If the petition deny the cause of action on which the judgment
was rendered, and be verified by the oath of the petitioner, the
plaintiff shall be required to prove the same, and in default thereof, it
shall be adjudged that the debt and damages, or damages, are disproved
and avoided. (RSMo 1939 § 1499)

Prior revisions: 1929 § 1335; 1919 § 1786; 1909 § 2355

If the petition denying the cause of action be not verified by
oath, or if the petition allege a setoff or other collateral avoidance of
the original cause of action, the petitioner shall be required to prove
his allegations, and, on his failure to do so, his petition shall be
dismissed, and the original judgment shall stand absolute; and if any
part thereof remain unpaid, a general judgment shall be rendered against
him for the balance remaining unpaid. (RSMo 1939 § 1500)

Prior revisions: 1929 § 1336; 1919 § 1787; 1909 § 2356

When any such petition shall be exhibited, the plaintiff, being
served with a copy and notice as aforesaid, shall appear and answer the
same; and on his failure to do so, the petition shall be taken to be
true, and judgment rendered accordingly. (RSMo 1939 § 1501)

Prior revisions: 1929 § 1337; 1919 § 1788; 1909 § 2357

When the petition alleges a setoff, or other collateral
avoidance of the cause of action, the plaintiff may answer the same, as
in ordinary actions; and, in default of such answer, judgment may be
taken in like manner and with like effect as in ordinary actions. (RSMo
1939 § 1502)

Prior revisions: 1929 § 1338; 1919 § 1789; 1909 § 2358

All issues joined by or under such petitions shall be tried as
like issues joined in ordinary actions, and the costs shall be the same,
and the same judgment shall be rendered for them; and if the judgment be
against the original plaintiff, he shall be adjudged also to pay all
costs in the original proceedings. (RSMo 1939 § 1503)

Prior revisions: 1929 § 1339; 1919 § 1790; 1909 § 2359

The provisions of law governing attachments shall apply to
proceedings before circuit judges and before associate circuit judges in
the same manner except as may be specifically provided otherwise. (RSMo
1939 § 2830, A.L. 1945 p. 813 § 1, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2444; 1919 § 2992; 1909 § 7654

Effective 1-2-79

If there be not a sufficient affidavit and bond certified with
the associate circuit judge's record, and other papers in the cause, the
clerk shall not issue a writ of attachment until a sufficient affidavit
and bond be filed. (RSMo 1939 § 2828, A.L. 1945 p. 813 § 9)

Prior revisions: 1929 § 2442; 1919 § 2990; 1909 § 7652

When any sheriff, marshal, or other duly authorized officer
shall levy an execution or attachment on any personal property, and any
person other than the defendant in such execution or attachment shall
claim such property or any interest therein, such officer may demand of
the plaintiff or his agent in such execution or attachment a sufficient
indemnification bond with at least two good and sufficient sureties, to
be approved of by such officer, and may refuse to execute such execution
or attachment until such indemnification bond be given. (RSMo 1939 §
15685, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14737

Effective 1-2-79

Such bond shall be made payable to the state of Missouri,
conditioned that such plaintiff will pay to such claimant all damages
that he, the said claimant, may sustain in consequence of such levy and
in consequence of any sale which may be made under or by virtue of such
execution or attachment; and the officer taking such bond shall return
the same with such execution or attachment. (RSMo 1939 § 15686)

Prior revision: 1929 § 14738

No claim made to any personal property levied on as aforesaid
shall be valid or lawful as against such officer, unless such claimant or
his agent shall set forth his claim in writing, verified by the affidavit
of such claimant or his agent, describing the property claimed and
stating his interest therein and whether it is in the whole or only part
thereof and stating also that he is in good faith the lawful owner of the
interest claimed by him in said property; that the defendant in such
execution or attachment has no right or title, directly or indirectly, in
the interest in said property claimed by said claimant; and that such
claim is not made in collusion with said defendant for the purpose of
vexing, hindering or delaying the plaintiff in obtaining his just rights.
(RSMo 1939 § 15687)

Prior revision: 1929 § 14739

If the claimant shall be injured or damaged in consequence of
any levy or sale under or by virtue of such execution or attachment, and
shall in good faith be the owner of the interest claimed by him in the
property levied on or sold as aforesaid, he, the said claimant, may bring
a civil action on such bond in the name of the state, to his own use,
against such plaintiff and his sureties, or any or either of them, in the
usual manner of bringing actions on penal bonds or may proceed thereon by
motion in open court, first giving to the parties proceeded against in
said bond twenty days' notice of such motion. (RSMo 1939 § 15688)

Prior revision: 1929 § 14740

When said sheriff or other officer aforesaid shall take an
indemnification bond as aforesaid with good and sufficient security, he
shall not be liable to such claimant for any damage or injury sustained
by such claimant in consequence of such levy or sale under or by virtue
of such execution or attachment. (RSMo 1939 § 15689)

Prior revision: 1929 § 14741

If the security in such indemnification bond shall be adjudged
insufficient, such sheriff or other officer aforesaid and his securities
shall be liable to all parties injured in the same manner and to the same
extent as if no such indemnification bond had ever been given unless an
additional indemnification bond be given and approved by the court or
judge thereof as herein provided. (RSMo 1939 § 15690)

Prior revision: 1929 § 14742

No objections to the security in any such indemnification bond
shall be allowed if the same be not made by or for the party interested
therein in writing within the first six days after the return days of
such execution or attachment, unless the time for making such objections
be extended for good cause by the court, and all of said objections shall
be made in the court to which such writ is returnable and not elsewhere.
(RSMo 1939 § 15691)

Prior revision: 1929 § 14743

If such objections shall be overruled by the court, such
indemnification bond and the security therein shall be deemed good and
sufficient so far as the liability of such sheriff or other officer
aforesaid is concerned; but if such security shall be adjudged
insufficient the court may, on motion of said claimant or sheriff or
other officer aforesaid, order an additional indemnification bond to be
given and filed in the suit within a certain time fixed by the court, and
if such additional bond shall be given, and the security therein be
approved of by such court, or the judge thereof, then such sheriff or
other officer aforesaid shall be entitled to the protection of this law,
the same as if he had taken good and sufficient indemnification bond.
(RSMo 1939 § 15692)

Prior revision: 1929 § 14744

If such indemnification bond shall not be given within the time
fixed by the court, then, and in that case, the officer levying or
selling shall not be protected under this law, but the court may, in its
discretion, order the said sheriff or other officer aforesaid not to pay
over to the plaintiff any money made, acquired, received, or obtained
under or by virtue of any such levy or sale, until such additional bond
be given and approved by such court or judge. (RSMo 1939 § 15693)

Prior revision: 1929 § 14745

Where more than one claim is made to any property levied on by
any sheriff, marshal, or other duly authorized officer, the same
proceedings shall take place in regard to each of such claims as is
prescribed in regard to a claim in this law. (RSMo 1939 § 15694, A.L.
1978 H.B. 1634)

Prior revision: 1929 § 14746

Effective 1-2-79

1. Every claim made under this law or the law to which it is
amendatory shall state the value of the property or interest claimed, and
the indemnification bond demandable of the plaintiff or his agent shall
be in double the value stated in the claim; but if such value is objected
to by the plaintiff or his agent the officer having the property in
custody shall proceed to ascertain the real value of such property or
interest claimed in the same manner as is prescribed by the law for the
time being for the valuation of property exempt from execution; and in
such cases said indemnification bond shall be in double the value of such
property or interest as ascertained by such appraisement.

2. Any indemnification bond taken, as aforesaid, with good and sufficient
security, shall be deemed an indemnification bond within the meaning of
the law to which this law is amendatory; and every such indemnification
bond shall be conditioned as the bond which, by the thirtieth section of
the "act to regulate executions", approved December 1, 1855, chapter 63
of the revised statutes of 1855, the plaintiff may tender to the sheriff
after claim made to goods levied on under execution. (RSMo 1939 § 15695)

Prior revision: 1929 § 14747

1. Whenever suit is brought against any sheriff, marshal, or
other duly authorized officer or his sureties or the representatives of
any of them on account of any levy on or sale of any property or interest
therein, and notice of such levy or sale was made, said court shall not
order the payment of the proceeds of such sale to the party or parties
who may appear to be entitled to the same unless such parties shall have
given a bond as required in section 521.850 or shall forthwith give such
bond.

2. The court in which such suit is brought may, in its discretion, permit
any person who has given bond as aforesaid to be joined as defendant in
such suit.

3. If in any such suit the plaintiff shall establish his right to any
property or interest levied on or sold as aforesaid, the officer against
whom such suit is brought, his sureties, and the legal representatives of
any of them shall thereupon have a right to recover back any money paid
as made on the levy or sale to which such suit related, and if such levy
or sale was made by direction or authority of any person interested in
the same or his agent shall also have a right to recover of the person so
directing or authorizing such levy or sale all damages which such
officer, his sureties, or the legal representatives of any of them may
have paid on account of any such levy or sale. (RSMo 1939 § 15696, A.L.
1978 H.B. 1634)

Prior revision: 1929 § 14748

Effective 1-2-79

Whenever money made on any execution or executions or other writ
or writs is brought into the court out of which the eldest of such
executions or other writs was issued, such court shall order the
distribution or payment of such money on the motion of any person
interested therein and on such notice as the court may, by rule or
otherwise, direct. On his compliance with such order, the officer
returning such execution or executions or other writ or writs shall be
discharged of his liability for such money; but from any such final order
an appeal shall lie as in other cases, and nothing herein contained shall
be construed to discharge any officer from liability for not properly
executing any process or for a false return thereon. (RSMo 1939 § 15697)

Prior revision: 1929 § 14749

In a suit for the possession of specific personal property, the
bond required of the plaintiff and that which may be given by the
defendant shall be in double the sum stated in the affidavit as the value
of the property claimed; but the defendant or his agent may, on the
taking of the property claimed or at any time before the delivery of the
same to the plaintiff, demand in writing an appraisement thereof, which
appraisement shall then be made in the same manner as by the law, for the
time being, appraisement is directed to be made of property exempt from
execution; and if such appraised value exceed the value stated in the
affidavit then such property shall not be delivered to the plaintiff
unless a new bond be given in double such appraised value, and in other
respects similar to the bond required of the plaintiff, by the law for
the time being, before the delivery of property so claimed. (RSMo 1939 §
15698)

Prior revision: 1929 § 14750

This law and the law to which it is amendatory shall be public
acts, and shall apply only to the city of St. Louis; and this law shall
take effect from its passage. (RSMo 1939 § 15699)

Prior revision: 1929 § 14751

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