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SUPPLEMENT OF MISSOURI STATUTES DEBTOR\CREDITOR RIGHTS

Winter 2004 Professor Ferguson Reprinted from West's National Reporter System with permission of the West Group.

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Winter 2004 INDEX Subject Page Judgments:

Mo. Rev. Stat. '' 511.010-.787 ....................................................................................................... 1 Civ. Pro. Rule 74 ........................................................................................................................... 13

Mo. Rev. Stat. ' 516.350 ............................................................................................................... 18 Civ. Pro. Rule 75.01 ...................................................................................................................... 18

Executions:

Mo. Rev. Stat. '' 513.01-.420 ....................................................................................................... 18 Mo. Sup. Ct. Rule 76 ..................................................................................................................... 29 Mo. Sup. Ct. Rule 76.28 ................................................................................................................ 33 Federal Judgment Liens, 28 U.S.C. ' 1962, 1963 ........................................................................ 33 Fed. Rules Civ. Pro., Rule 64......................................................................................................... 33 Fed. Rules Civ. Pro., Rule 69(e). . . . . . . . . . . . . . . . . . . . . ….. . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Garnishment:

Mo. Rev. Stat. '' 525.010-.310 ..................................................................................................... 34 Mo. Rev. Stat. ' 452.350 ............................................................................................................... 40 Supreme Court Rule 90.................................................................................................................. 43

Fraudulent Conveyances:

Mo. Rev. Stat. '' 428.009-.059 ..................................................................................................... 47 Exemptions:

Mo. Rev. Stat. '' 513.425-.530 ..................................................................................................... 50 See also ' 525.030 ........................................................................................................................ 34

Attachment:

Mo. Rev. Stat. '' 521.010 -.740 .................................................................................................... 54 Supreme Court Rule 85 ................................................................................................................. 63

Lis Pendens:

Mo. Rev. Stat. ' 527.260 ............................................................................................................... 66 Replevin:

Mo. Rev. Stat. '' 533.010-.250 ..................................................................................................... 66 Supreme Court Rule 99 ................................................................................................................. 69

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Statutory Liens:

Mo. Rev. Stat. '' 484.130, .140 (Attorney's Lien).......................................................................... 70 Mo. Rev. Stat. '' 430.010-.40........................................................................................................ 71

Federal Priority Statute:

31 U.S.C. ' 3713............................................................................................................................ 78 Bulk Sales Act (Missouri Version):

Mo. Rev. Stat. '' 400.6-.101 to 400.6-111..................................................................................... 79

Forms

Memorandum to the Department of Civil Records ........................................................................ 81 Interrogatories to Garnishee .......................................................................................................... 84

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VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 511. JUDGMENTS

511.010. Term "real estate" construed The term "real estate", as used in this chapter, shall be construed to include all estate and interest in lands, tenements and hereditaments liable to be sold upon execution. 511.020. Judgment defined A "judgment" is the final determination of the right of the parties in the action.

511.030. Judgment, against whom rendered, effect of 1. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the plaintiff or the defendant any affirmative or other relief to which he may be entitled. 2. If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of such person which is authorized pursuant to the provisions of chapter 475, RSMo. 3. If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any contract or other transaction relating to such person's financial affairs or involving such person's estate if the court determines that the transaction is in the best interests of such person, provided the transaction is authorized pursuant to the provisions of chapter 475, RSMo.

511.040. Judgment on a counterclaim or cross-claim when court orders separate trials If the court orders separate trials as provided in section 510.180, RSMo, judgment on a counterclaim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.

511.050. Judgment of non pros., when entered If the plaintiff shall fail to file his replication, or other pleading, within the time prescribed by law or the rules of practice of the court, and to serve the adverse party, or his attorney, with a copy thereof when the same is required, judgment of non pros. shall be given against him. 511.060. When set aside The judgment may, for good cause shown, be set aside at any time within thirty days after it is entered upon such terms as are just. 511.070. Confession of judgment entered,

when A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner herein prescribed. 511.080. Form of confession A statement in writing must be made, signed by the defendant, and verified by affidavit, to the following effect: (1) It must state the amount for which the judgment may be rendered, and authorize the entry of judgment thereon;

(2) If it be for money due, or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due;

(3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same.

511.090. Defendant identified to court Such statement and affidavits shall be filed, and the court shall render judgment for the amount confessed, and cause the same to be entered upon the records, first being satisfied of the identity of the defendant, if present, or, if not present, that he executed the same in writing, and made the affidavit herein required. 511.100. Confession by attorney in fact A judgment by confession may also be rendered

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against any person for a debt owing upon a note, bond or bill of exchange, under his power of attorney therefor, acknowledged as required of deeds of land for record and filed in the court rendering the judgment, at the time of its rendition, together with the note, bond or bill of exchange, and the affidavit of the plaintiff that the debt is bona fide, for a fair and valuable consideration, and owing after allowing all just credits and setoffs.

511.110. Interlocutory judgment entered

upon default If the defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is required, an interlocutory judgment shall be given against him by default.

511.120. When set aside Such judgment may, for good cause shown, be set aside at any time before the damages are assessed or final judgment rendered, upon such terms as shall be just.

511.130. Judgment interlocutory against only part of the defendants When there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may entered against such as make default, and the cause may proceed against the others; but only one final judgment shall be given in the action.

511.140. Judgment by default, how

proceeded on to final judgment Whenever an interlocutory judgment shall be rendered for the plaintiff by default nihil dicit, confession, or upon an issue of law, in any suit founded upon a written instrument, or upon a judgment of any court of record, and the demand is ascertained by such instrument or the record of any such judgment, the court shall assess the damages, and final judgment shall be given thereon.

511.150. Assessment of damages In all cases of interlocutory judgments not provided for in sections 511.130 and 511.140, the plaintiff may, if he demand it, have a jury to assess his damages. If no jury be demanded the court shall assess the damages, or give the other relief asked in the petition, and final judgment shall be given thereon.

511.160. Damages not to exceed amount claimed Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on defendant; but in any other case, the court may grant him any relief consistent with the case made by the plaintiff and embraced within the issues.

511.170. Petition for review, grounds When such interlocutory judgment shall be made and final judgment entered thereon against any defendant who shall not have been summoned as required by this chapter, or who shall not have appeared to the suit, or has been made a party as the representative of one who shall have been summoned or appeared, such final judgment may be set aside, if the defendant shall, within the time herein limited, appear, and by petition for review, show good cause for setting aside such judgment.

511.180. Bar to petition for review If the plaintiff shall, at any time after such final judgment, serve the defendant, within any of the United States or the territories thereof, with notice of the suit and a copy of the judgment thereon, and such defendant shall not, within one year after such service, bring his petition for review, the court, on proof of the service of such notice, shall make an order that the judgment stand absolute.

511.190. Judgment absolute after three years If such petition for review be not filed within three years after such final judgment is rendered, the same shall stand absolute, whether notice thereof be given or not.

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511.200. Judgment set aside--contents of petition No such judgment shall be set aside unless the petition for review shall state the existence of the facts set forth in section 511.170, and that the petition of plaintiff, upon which the judgment complained of was obtained, is untrue in some material matter, setting it forth, or that he has and then had a good defense thereto, setting such defense forth, or both, and then only on condition that the defendant answer or direct a motion to the petition of plaintiff on which the judgment was rendered within a reasonable time, to be ordered by the court. Such petition for review shall be verified by affidavit of the defendant or his attorney of record. 511.210. Petition, how served The petition of defendant shall be served on the plaintiff in the judgment or notice given by publication to him, or, if the plaintiff be dead, then on or to his legal representatives, in like time and manner as provided for the service or giving of notice in case of an original petition upon a defendant.

511.220. If answer or motion filed, cause to proceed If the answer or motion is filed within the time so limited, the cause shall proceed as it would have done had the defendant appeared to the summons and filed his answer or motion to the petition; if not, the judgment shall be made absolute. 511.230. Judgment for defendant to be what If, upon the trial of a cause, judgment shall be for the defendant, or if the judgment be for the plaintiff, but for less than the original judgment, the defendant may also have judgment with costs against the plaintiff for such damages as justice shall require, as will reimburse him for moneys applied to the satisfaction of the original judgment and legal interest thereon, and which the plaintiff did not finally recover. 511.240. Sale of property to innocent purchaser not affected by vacating judgment No sale or conveyance of property for the satisfaction of any judgment, regularly made, shall be affected or prejudiced by the setting aside any judgment on the appearance of a defendant, as herein provided, if the property shall be in the hands of innocent purchasers.

511.250. Motion to set aside judgment must be filed within three years Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.

511.260. Imperfections for which judgment will not be reversed or affected When a verdict shall have been rendered in any cause, the judgment thereon shall not be stayed, nor shall such judgment, nor any judgment after trial or submission, nor any judgment upon confession nihil dicit or upon failure to answer, nor any judgment upon a writ of inquiry of damages executed thereon, be reversed, impaired or in any way affected by reason of the following imperfections, omissions, defects, matters or things, or any of them, namely:

(1) For want of any writ, original or judicial; (2) For any default or defect of process, or for misconceiving any process, or for awarding the same to the wrong officer, or for the want of any suggestion for awarding process, or for any insufficient suggestion; (3) For any imperfect or insufficient return of any sheriff or other officer, or that the name of such officer is not signed to any return actually made by him; (4) For any variance between the original writ and petition; (5) For any mispleading, miscontinuance or discontinuance, insufficient pleading, jeofail or misjoining issue; (6) For want of any warrant of attorney of either party, except in cases of judgment by confession, when such warrant is expressly required by law; (7) For any party under twenty-one years of age having appeared by attorney, if the verdict or judgment be for him; (8) For the want of any allegation or averment on account of which omission a motion could have been maintained; (9) For omitting any allegation or averment without proving which the triers of the issue ought not to have given such a verdict; (10) For any mistake in the name of any party or person, or in any sum of money, or in any description of any property, or in reciting or stating any day, month or year, when the correct name, sum or description shall have been once rightly alleged in any of the pleadings or proceedings; (11) For a mistake in the name of any juror or officer; (12) For the want of any venue if the cause was tried in the proper county; (13) For any informality in entering a judgment or making up the record thereof, or in any continuance or other entry upon the record;

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(14) For any other default or negligence of any clerk or officer of the court or of the parties, or of their attorneys, by which neither party shall have been prejudiced.

511.270. Imperfections cured by amendment The omissions, imperfections, defects and variances in section 511.260 enumerated, and all others of a like nature, not being against the right and justice of the matter of the suit, and not altering the issues between the parties on the trial, shall be supplied and amended by the court where the judgment shall be given, or by the court into which such judgment shall be removed by writ of error or by appeal. 511.280. Specific performance of judgment In all cases where judgment is given for the conveyance of real estate or the delivery of personal property, the court may, by such judgment, pass the title of such property, without any act to be done on the part of the defendant. 511.290. Issuance of writs of possession by court The court may issue a writ of possession, if necessary, to the sheriff of the proper county, to put the party entitled into possession of such real or personal property, or may proceed by attachment or sequestration.

511.300. Effect of judgments for conveyance When an unconditional judgment shall be made for a conveyance, release or acquaintance, and the party required to execute the same shall not comply therewith, such judgment shall be considered and taken to have the same operation and effect and be as available as if the conveyance, release or acquaintance had been executed conformably to the judgment. 511.310. Damages in lieu of performance of judgment When complete justice cannot otherwise be done, the court may, on the petition of the party entitled to the benefit of a final judgment, cause an inquiry to be made by a jury of the amount of damages which ought to be paid in lieu of the performance of the judgment, and may render a judgment for the damages so assessed, and award execution thereon.

511.320. Copy of judgment decreeing

conveyance recorded--effect of failure to record 1. In all cases where any court of record shall render final judgment, adjudging or decreeing a conveyance of real estate, or that any real estate pass, or shall render any final judgment quieting or determining the title to any real estate, the party in whose favor the judgment or decree is rendered shall cause a copy thereof to be recorded in the office of the recorder of the county wherein the lands passed or to be conveyed or the title to which is quieted or determined lie, within eight months after such judgment or decree is entered. 2. If such judgment or decree be not so recorded, it shall not be valid, except between the parties thereto and such as have actual notice thereof, and in all cases in which any defendant in any such judgment or decree shall have the right, by petition for review, to show good cause for setting aside such judgment or decree, within three years after such judgment or decree is rendered, and a copy of such judgment or decree is not filed for record within eight months as herein provided, such defendant shall be allowed two years and four months from the date of the filing of a copy of such judgment or decree for record in which to file such petition for review; provided, that nothing in this section shall be construed to affect the provisions of section 511.180.

511.330. Exceptions to section

Nothing contained in section 511.320 shall be so construed as to require a party to record a judgment or decree when a conveyance has been executed in pursuance thereof, and acknowledged or proved and deposited for record in the proper office within the time therein limited. 511.340. Performance of judgment, enforcement When a judgment requires the performance of any other act than the payment of money, a certified copy of the judgment may be served upon the party against whom it is given, and his obedience thereto required. If he neglect or refuse, he may be punished by the court as for a contempt, by fine or imprisonment, or both, and, if necessary, by sequestration of property.

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511.350. Liens on real estate established by judgment or decrees in courts of record, exception--associate circuit court, procedure required 1. Judgments and decrees rendered by the supreme court, by any United States district or circuit court held within this state, by any district of the court of appeals, by any circuit court and any probate division of the circuit court, except judgments and decrees rendered by associate, small claims and municipal divisions of the circuit courts, shall be liens on the real estate of the person against whom they are rendered, situate in the county for which or in which the court is held. 2. Judgments and decrees rendered by the associate divisions of the circuit courts shall not be liens on the real estate of the person against whom they are rendered until such judgments or decrees are filed with the clerk of the circuit court pursuant to sections 517.770 and 517.780, RSMo. 3. Judgments and decrees rendered by the small claims and municipal divisions of the circuit court shall not constitute liens against the real estate of the person against whom they are rendered. 4. Notwithstanding any other provision of law, no judgments or decrees entered by any court of competent jurisdiction may be amended or modified by any administrative agency. 511.360 Commencement, extent and duration of lien-applicability of duration of lien The lien of a judgment or decree shall extend as well to the real estate acquired after the rendition thereof, as to that which was owned when the judgment or decree was rendered. Such liens shall commence on the day of the rendition of the judgment, and shall continue for ten years, subject to be revived as herein provided; but when two or more judgments or decrees are rendered at the same term, as between the parties entitled to such judgments or decrees, the which they are rendered. The provisions of this section relating to the duration of the lien on real estate shall apply only to judgments or decrees rendered or revived after August 28, 1998, and, for all judgments or decrees entered prior to such date, the lien of such judgment or decree shall continue for three years from the date such lien commenced. lien shall commence on the last day of the term at

511.370. Scire facias to revive, may issue,

when

The plaintiff or his legal representative may, at any time within ten years, sue out a scire facias to revive a judgment and lien; but after the expiration of ten years from the rendition of the judgment, no scire facias shall issue. 511.380. Revival to take effect from rendition If a scire facias be issued after the expiration of the lien, and a judgment of revival is afterward rendered, such revival shall only take effect from the rendition thereof, and shall not prevail over intermediate encumbrances. 511.390. Scire facias before lien expires, effect of If a scire facias is issued to revive a judgment and lien before the expiration of the lien, and a judgment of revival is afterward rendered, although it may be after the expiration of the lien, yet the said lien shall prevail over all intermediate encumbrances. 511.400. Scire facias, how served and when triable The scire facias shall be served on the defendant or his legal representatives, terre tenants or other persons occupying the land, and be directed to and executed in any county in this state. All such cases shall be tried at the return term, except they are continued for cause.

511.410. Publication ordered, when If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived and the lien continued.

511.420. Publication of order

The order shall be published in some newspaper printed in this state for three weeks, the last insertion to be two weeks before the commencement of the term at which the parties are required to appear. 511.430. Judgment of revival, when If upon the service of the scire facias or publication as aforesaid, the defendant, or any of his creditors, do not appear and show cause against reviving the judgment or decree, the same shall be revived, and the lien continued for another period of three years; and so on, from time to time, as often as may be necessary. 511.440. Transcript of judgment a lien in

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another county, when - procedure 1.Judgments and decrees obtained in the supreme court or any district of the court of appeals or any United States court or any court of record in this state shall, upon the filing of a transcript thereof in the office of the clerk of the circuit court of any other county and indexing of such transcript as provided in subsection 2 of this section, be a lien upon the real estate of the person against whom such judgment or decree is rendered, situate in the county in which such transcript is filed. 2. Such judgment or decree as provided in subsection 1 of this section shall be entered in a book kept by the clerk of the circuit court having jurisdiction of civil causes within a county or a city not within a county, for judgments and decrees of the circuit court of such county as provided in section 511.500, except that the column for entry of such judgment or decree shall also include the name and location of the court that rendered such judgment or decree. 511.450. Judgment docketed and recorded, when As soon as such transcript shall be filed in the office of the clerk of the circuit court of any county, the clerk thereof shall forthwith enter the judgment or decree in the judgment docket of said court, in the same manner as is provided for entering judgments rendered in such court; and the clerk shall also record such transcript in a book to be kept for that purpose, and shall note, both upon the judgment docket and upon the record of such transcript, the time of filing the same in his office. 511.470. Such liens to have the force of other judgment liens The lien created by sections 511.440 to 511.480 shall exist to the same extent and for the same time only as the lien of the judgment or decree in the county where the same was rendered; and a transcript of a judgment or decree reviving a judgment or decree, or the lien thereof, may be filed, docketed and recorded in the same manner and with like effect as an original judgment or decree. 511.480. Execution and revival sued out where judgment was rendered--except magistrate judgments 1. Sections 511.460 to 511.480 shall be deemed to authorize the court where such transcript shall be filed to issue executions on such judgment or decree and to exercise all powers incident to the judgment including judgment debtor proceedings, and

a scire facias to revive such judgment or decree or lien. 2. Transcripts of judgments described in section 511.440 shall not authorize the courts where such transcripts shall be filed to issue executions thereon or to issue a scire facias to revive such judgments, but they shall issue and be sued out of the court where the original judgment or decree was rendered. 511.490. Clerk--failure to perform duty--penalty Any clerk of a court who shall refuse or neglect, after tender of his fees for the same, to file and record such transcript and docket such judgment or decree, as in sections 511.440 to 511.480 directed, shall be liable on his official bond to any person damaged by reason of such refusal or neglect, in double the amount of damages sustained.

511.500. Abstract of judgment filed with circuit clerk to establish lien on real property--priority of liens--(counties and city of St. Louis) No judgment hereafter rendered by any court shall be a lien on real estate situate in such counties or city not within a county, until an abstract of the judgment shall be entered in a record prepared and maintained in the manner prescribed by supreme court rulewhich shall be available for public inspection, in the office of the circuit clerk and which shall state the names of the parties; the date of the judgment; the nature of the judgment or decree; the amount of the debt, damages and costs; and the satisfaction or other disposition thereof, with any necessary notes thereon. The liens of all judgments entered in such record, as provided in this section, shall have priority according to the sequence of and from the time of its respective entry into the record, such time being deemed within the period of time in which the abstract thereof should be furnished to or provided by the circuit clerk pursuant to the provisions of this chapter.

511.510. Duty of clerk to furnish and enter abstracts--satisfaction of judgments--liability of clerk

It shall be the duty of each of the circuit clerks, within five days after the rendition of any final judgment in their respective courts, to enter an abstract of such judgment in the record as required in section 511.500; and each circuit clerk shall immediately enter the same when the abstract aforesaid shall be furnished to such clerk by any party interested, or such party's agent; and each of the clerks and their sureties shall be respectively liable for any damage occasioned by any neglect to perform the duties hereby required of them respectively; and it is further provided, that

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whenever any personal representative, guardian or conservator, or any party interested, or such party's agent, shall exhibit to the circuit clerk of the circuit court wherein such judgment may be recorded a receipt or certificate of the proper officer, stating that such judgment has been duly satisfied, then the circuit clerk of such circuit court- shall, without further fee, enter satisfaction of such judgment in such clerk's office in the bound book or computerized- record as required in section 511.500.

511.530. Lien of judgment rendered by district No. 2 of Marion County circuit court The lien of the judgment of district number 2 of the circuit court of Marion County shall be the same as the lien of the judgments of district number 1 of the circuit court for the county of Marion, and shall be governed by the same laws.

511.540. Death of a plaintiff, survival of judgment If one or more plaintiffs in a judgment or decree shall die before the same is satisfied or carried into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such deceased party, and if concerning real estate, to his or their heirs or devisees; and execution may be sued out in the name of the surviving plaintiff or plaintiffs, or legal representatives of the deceased plaintiff, for the benefit of himself or themselves, and the legal representatives of the deceased party; or the judgment or decree may be revived in the name of such legal representatives and the surviving plaintiffs, and execution sued out by them jointly.

511.550. Death of a defendant, survival of judgment When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it

shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.

511.560. Judgment revived by or against administrator de bonis non If an executor or administrator be plaintiff or defendant in a judgment or decree, and shall die, resign or be dismissed before the same is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator de bonis non, in the manner aforesaid. 511.570. Satisfaction of judgment When any judgment or decree is satisfied otherwise than by execution, the party in whose favor the same was rendered shall, immediately thereafter, enter an acknowledgment of satisfaction thereof in the court where the same was obtained, or before the clerk of such court in vacation.

511.580. Who may enter satisfaction Satisfaction may be entered by the plaintiff in person, by his attorney of record, or by his agent duly authorized, in writing, under the hand of the plaintiff.

511.590. Satisfaction, where entered If the acknowledgment is made in court, it shall be entered of record; but if made before the clerk in vacation, it shall be entered on the minutes, signed by the party making it, and attested by the clerk. 511.600. When made by agent, his authority to be filed When made by an agent, his authority shall be filed in the office of the clerk of the court where the acknowledgment is made.

511.610. Effect of acknowledgment The acknowledgment so made shall forever discharge and release the judgment or decree.

511.620. Refusal of party to satisfy--proceedings If a person receiving satisfaction of a judgment or decree shall refuse within a reasonable time after request

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of the party interested therein to acknowledge satisfaction on the record, or cause the same to be done in the manner herein provided, the person so interested may, on notice given, apply to the court to have the same done, and the court may thereupon order satisfaction to be entered by the clerk, with like effect as if acknowledged as aforesaid; and the cost attending such acknowledgment shall be recovered of the party refusing by fee-bill, as in other cases. 511.630. Clerks shall keep book for docketing judgments The clerks of courts of record shall keep in their respective offices a well-bound book for entering therein an alphabetical docket of all judgments and decrees. 511.640. Docket shall contain what entries They shall, during every term, or within thirty days thereafter, enter in such docket all final judgments and decrees rendered at such term in alphabetical order, by the name of the person against whom the judgment or decree was entered; and if the judgment or decree be against several persons, it shall be docketed in the name of each person against whom it was recovered, in the alphabetical order of their names, respectively. 511.650. Further entries to be made in docket Such docket shall contain, in columns ruled for that purpose: First, the names of the parties; second, the date; third, the nature of the judgment or decree; fourth, the amount of debt, damages and costs; fifth, the book and page in which it is entered; sixth, a column for entering a note of the satisfaction or other disposition thereof.

511.660. Space left to enter satisfaction The clerks of courts of record, in recording judgments or decrees, shall leave a space or margin on the record for entering a memorandum of the satisfaction or vacation of such judgment or decree.

511.670. Clerk to enter disposition of judgments When satisfaction of a judgment or decree shall be acknowledged or entered by order of the court, or satisfaction shall be made by execution, or such judgment or decree shall be vacated, the clerk shall enter upon the margin of the judgment or decree a memorandum of the disposition thereof, the date, and the book and page in which the evidence is entered or recorded.

511.680. Failure of clerk to perform duty--penalty Any clerk failing to comply with the provisions of sections 511.630 to 511.670, or who shall fail to enter in said docket, within the time required, the judgments of associate circuit judges' courts, transcripts of which have been filed in his office, shall forfeit and pay to the party injured thereby the sum of one hundred dollars, to be recovered by civil action. 511.690. Assignment of judgments Judgments of courts of record for the recovery of money may be assigned, in writing, by the plaintiff and the assignees thereof, successively, which assignment shall be on or attached to the judgment, and attested by the clerk of the court or associate circuit judge, and, when so made and attested, shall vest the title to such judgment in each assignee thereof, successively.

511.700. Payment to assignor, when valid Payments or satisfaction on such judgment to the assignor shall be valid, if made before notice of assignment to the judgment debtor, but not otherwise.

511.710. Execution on assigned judgment, how issued In case of assignment, execution shall issue in the name of the original plaintiff, but shall be endorsed by the clerk or associate circuit judge to be for the use of the assignee.

511.720. Assignee to have right of action Any action or other proceeding, which the plaintiff in any judgment might have thereon, may be maintained in the name of the assignee.

511.730. Execution of delivery bond to plaintiff's judgment Bonds for the delivery of property levied upon by virtue of such executions shall be to the judgment plaintiff for the use of such assignee; and all suits and proceedings relating to such judgment, or against any officer on his bond, for neglect of duty relating thereto, may be against or upon the complaint of such assignee, as the case may require.

511.740. Submitting a controversy without action Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy

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depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties; the court shall thereupon hear and determine the case, and render judgment thereon, as if an action were depending. 511.750. Enforcement of judgment The judgment may be enforced in the same manner as if it had been rendered in an action, unless otherwise provided in the submission; and, in like manner, shall be with costs, and subject to an appeal or writ of error, unless otherwise provided in the submission.

511.760. Uniform enforcement of foreign judgments law 1. The following terms as used in this section shall mean: (1) "Foreign judgment", any judgment, decree or order of a court of the United States or of any state or territory which is entitled to full faith and credit in this state; (2) "Judgment debtor", the party against whom a foreign judgment has been rendered; (3) "Levy", to take control of or create a lien upon property under any judicial writ or process whereby satisfaction of a judgment may be enforced against such property; (4) "Register", to file and record a foreign judgment in a court of this state. 2. On application made within the time allowed for bringing an action on a foreign judgment in this state, any person entitled to bring such action may have a foreign judgment registered in any court of this state having jurisdiction in such action. 3. A verified petition for registration shall set forth a copy of the judgment to be registered, the date of its entry and the record of any subsequent entries affecting it, all authenticated in the manner authorized by the laws of the United States or of this state, and a prayer that the judgment be registered. The clerk of the registering court shall notify the clerk of the court which rendered the original judgment that application for registration has been made, and shall request him to file this information with the judgment. 4. At any time after registration the petitioner shall be entitled to have summons issued and served upon the judgment debtor as in an action brought upon the foreign judgment, in any manner authorized by the law of this state for obtaining jurisdiction of the person. 5. If jurisdiction of the person of the judgment debtor cannot be obtained, a notice clearly designating the foreign judgment and reciting the fact of registration, the court in which it is registered, and the time allowed for pleading, shall be sent by the clerk of the registering court by registered mail to the last known address of the

judgment debtor. Proof of such mailing shall be made by the certificate of the clerk. 6. At any time after the registration and regardless of whether jurisdiction of the person of the judgment debtor has been secured or final judgment has been obtained, a levy may be made under the registered judgment upon any property of the judgment debtor which is subject to execution or other judicial process for satisfaction of judgments. 7. If the judgment debtor fails to plead within thirty days after jurisdiction over his person has been obtained, or if the court after hearing has refused to set the registration aside, the registered judgment shall become a final personal judgment of the court in which it is registered. 8. Any defense, setoff or counterclaim which under the law of this state may be asserted by the defendant in an action on the foreign judgment, may be presented by appropriate pleadings and the issues raised thereby shall be tried and determined as in other civil actions. Such pleadings must be filed within thirty days after personal jurisdiction is acquired or within thirty-five days after the mailing of the notice prescribed in subsection 5. 9. If the judgment debtor shows that an appeal from the original judgment is pending or that he is entitled to, and intends to appeal therefrom, the court shall, on such terms as it deems just, postpone the trial for such time as appears sufficient for the appeal to be concluded, and may set aside the levy upon proof that the defendant has furnished adequate security for satisfaction of the judgment. 10. An order setting aside a registration constitutes a final judgment in favor of the judgment debtor. 11. An appeal may be taken by either party from judgment or order sustaining or setting aside a registration on the same terms as an appeal from a judgment or order of the same court. 12. If personal jurisdiction of the judgment debtor is not secured within thirty days after the levy and he has not, within thirty-five days after the mailing of the notice prescribed by subsection 5, acted to set aside the registration or to assert a setoff or counterclaim the registered judgment shall be a final judgment quasi in rem of the court in which it is registered, binding upon the judgment debtor's interest in property levied upon, and the court shall enter an order to that effect. 13. Sale under the levy may be held at any time after final judgment, either personal or quasi in rem, but not earlier except as otherwise provided by law for sale under levy on perishable goods. Sale and distribution of the proceeds shall be made in accordance with the laws of this state. 14. When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it

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was rendered, and the cost of obtaining the authenticated copy of the original judgment. The court shall include as part of its judgment court costs incidental to the proceedings in accordance with the laws of this state. 15. Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this state, except as to costs authorized by subsection 14. 16. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this section remains unimpaired. 17. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 18. This section may be cited as the "Uniform Enforcement of Foreign Judgments Law". 511.770. Citation of law--purpose 1. Sections 511.770 to 511.787 may be cited as the "Uniform Foreign Country Money-Judgments Recognition Act". 2. Sections 511.770 to 511.787 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. 511.773. Definitions As used in sections 511.770 to 511.787: (1) "Foreign country" means any governmental unit other than the United States, or any state, district, commonwealth, territory, or insular possession thereof; (2) "Foreign country judgment" means any judgment of a foreign country granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.

511.775. Judgment final--appeal not to affect Sections 511.770 to 511.787 apply to any foreign country judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. 511.778. Enforceability of judgment, when Except as provided in section 511.780, a foreign country judgment meeting the requirements of section 511.775 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign country judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit. 511.780. Judgment--not conclusive,

when--need not be recognized, when 1. A foreign country judgment is not conclusive if: (1) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; or (3) The foreign court did not have jurisdiction over the subject matter. 2. A foreign country judgment need not be recognized if: (1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; (2) The judgment was obtained by fraud; (3) The claim for relief on which the judgment is based is repugnant to the public policy of this state; (4) The judgment conflicts with another final and conclusive judgment; (5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or (6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.

511.783. Lack of personal jurisdiction not to affect judgment, when 1. The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him; (3) The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) The defendant was domiciled in the foreign country when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign country; (5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; (6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a claim for relief arising out of such operation. 2. The courts of this state may recognize other bases of jurisdiction consistent with fairness and

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substantial justice in the context of international commerce or relations. 511.785. Appeals, stay of proceedings granted, when If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal. 511.787. Recognition of judgment in situations not covered by uniform law Sections 511.770 to 511.787 do not prevent the recognition of a foreign country judgment in situations not covered by sections 511.770 to 511.787. SUPREME COURT RULES RULES OF CIVIL PROCEDURE RULE 74. JUDGMENTS, ORDERS AND PROCEEDINGS THEREON RULE 74.01 JUDGMENT (a) Included Matters. "Judgment" as used in these Rules includes a decree and any order from which an appeal lies. A judgment is rendered when entered. A judgment is entered when a writing signed by the judge and denominated �judgment� is filed. The judgment may be a separate document or included on the docket sheet of the case. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may enter a judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay. In the absence of such determination, any order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. RULE 74.02 ORDER Every direction of a court made or entered in writing and not included in a judgment is an order. RULE 74.03 NOTICE OF ENTRY OF

ORDERS AND JUDGMENTS Immediately upon the entry of an order or judgment, the clerk shall serve a notice of the entry by mail in the manner provided for in Rule 43.01 upon each party who is not in default for failure to appear and who was not present in court in person or by attorney at the time of the entry of such order or judgment. If such notice is not given, the order or judgment shall be set aside for good cause shown upon written motion filed within six months from the entry of the order or judgment. This Rule 74.03 shall not preclude relief under Rule 74.06. RULE 74.04 SUMMARY JUDGMENT (a) For Claimant. At any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, a party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment upon all or any part of the pending issues. (b) For Defending Party. At any time, a party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in his favor as to all or any part of the pending issues. (c) Motion and Proceedings Thereon. (1) Motions for Summary Judgment. A motion for summary judgment shall summarily state the legal basis for the motion. A statement of uncontroverted material facts shall be attached to the motion. The statement shall state with particularity in separately numbered paragraphs each material fact as to which movant claims there is no genuine issue, with specific references to the pleadings, discovery, exhibits or affidavits that demonstrate the lack of a genuine issue as to such facts. Attached to the statement shall be a copy of all discovery, exhibits or affidavits on which the motion relies. Movant shall file a separate legal memorandum explaning why summary judgment should be granted. (2) Responses to Motions for Summary Judgment. Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall admit or deny each of movant's factual statements in numbered paragraphs that correspond to movant's numbered paragraphs. A denial may not rest upon the mere allegations or denials of the party's pleading. Rather, the response shall support each denial with specific references to the discovery, exhibits or affidavits that demonstrate specific facts showing that there is a genuine issue for trial. Attached to the response shall be a copy of all discovery, exhibits or affidavits on which the response relies. A response that does not comply with this Rule 74.04(c)2) with respect to any numbered paragraph in movant's statement is an admission of the truth of that numbered paragraph.

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The response may also set forth additional material facts that remain in dispute, which shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1). The response may include a legal memorandum explaining the legal or factual reasons why summary judgment should not be granted. (3) Replies in Support of Motions for Summary Judgment. Within 15 days after service of the response, the movant may file a reply memorandum of law explaing why summary judgment should be granted. Within the same time, if the adverse party's response sets forth additional material facts that remain in dispute, movant shall file a statement admitting or denying each such fact. Any such denial shall be supported in the manner prescribed by Rule 74.04(c)2). Within the same time, the movant may file a statement of additional material facts as to which movant claims there is no genuine issue. The statement shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1). Attached to the supplemental statement shall be a copy of any additional discovery, exhibits or affidavits on which the supplemental statement relies. (4) Sur-replies in Opposition to Motions for Summary Judgment. Within 15 days of service, if movant files a statement of additional material facts pursuant to Rule 74.04(c)(3), the adverse party shall file a sur-reply admitting or denying each such factual statement. The sur-reply shall be in the form and shall be supported in the manner prescribed by Rule 74.04(c)(2). Attached to the sur-reply shall be a copy of any additional discovery, exhibits or affidavits on which the sur-reply relies. A sur-reply that does not comply with Rule 74.04(c)(2) with respect to any numbered paragraph in movant's statement of additional material facts is an admission of the truth of that numbered paragraph. If the movant files a statement of additional material facts, the adverse party may file within the same time a sur-reply memorandum of law explaining the legal or factural reasons why summary judgment should not be granted. (5) Additional papers. No other papers with respect to the motion for summary judgment shall be filed without leave of court. (6) Rulings on Motions for Summary Judgment. After the response, reply and any sur-reply have been filed or the deadlines therefor have expired, the court shall decide the motion. If the motion, the response, the reply and the sur-reply show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, the court shall enter summary judgment forthwith. A summary judgment, interlocutory in character, may be entered on any issue, including the issue of liability alone, although there is a genuine issue as to the amount of the damages. (d) Case Not Fully Adjudicated on Motion. If on motion under this Rule 74.04 judgment is not entered upon the whole case or for all the relief asked and a trial is necessary, the court by examining the

pleadings and the evidence before it, by interrogating counsel and by conducting a hearing, shall ascertain, if practicable, what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The court shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly. (e) Form of Affidavit--Further Testimony--Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. (f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated in the affidavits facts essential to justify opposition to the motion cannot be presented in the affidavits, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. (g) Affidavit Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any affidavit presented pursuant to this Rule 74.04 is presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party presenting it to pay to the other party the amount of the reasonable expenses that the filing of the affidavit caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt. RULE 74.05 ENTRY OF DEFAULT JUDGMENT (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these Rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment. (b) Entry of Interlocutory order of Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, an interlocutory order of default may be entered against that party. After an entry of an interlocutory order of default, a default judgment may be entered. Any party may demand a jury to assess damages. If a jury is not demanded, the

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court shall assess any damages. (c) Default Judgment May Include. A default judgment may include an award of damages, other relief, or both. (d) When Set Aside. Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside. The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment. Good cause includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process. An order setting aside an interlocutory order of default or a default judgment may be conditioned on such terms as are just, including a requirement that the party in default pay reasonable attorney's fees and expenses incurred as a result of the default by the party who requested the default. RULE 74.06 RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes--Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court. (b) Excusable Neglect--Fraud--Irregular, Void, or Satisfied Judgment. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is irregular; (4) the judgment is void; or (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment remain in force. (c) Motion Under Subdivision (b)--Effect on Judgment--Time for Filing--Notice of Hearing--Service. A motion under subdivision (b) does not affect the finality of a judgment or suspend its operation. The motion shall be made within a reasonable time and for reasons (1) and (2) and (3) of subdivision (b) not more than one year after the judgment or order was entered. The motion and a notice of a time and place for hearing on the motion shall be served upon the parties to the judgment pursuant to Rule 54. (d) Power of Court to Entertain Independent Action--Certain Writs Abolished. This Rule 74.06 does not limit the power of the court to entertain an independent action to relieve a party

from a judgment or order or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these Rules or by an independent action.

RULE 74.07 JUDGMENT FOR SPECIFIC ACTS--VESTING TITLE--DELIVERY OF POSSESSION If a judgment directs a party to execute or deliver a deed or other document or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court, and the act when so done has like effect as if done by the party. On application of the party entitled to performance, a writ of attachment or sequestration shall issue against the property of the disobedient party to compel obedience to the judgment. The court may also adjudge the party in contempt. If real or personal property is within the state, the court may enter a judgment divesting the title of any party and vesting it in others in lieu of directing a conveyance thereof, and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, a writ of possession may issue to put the party entitled into possession, or attachment or sequestration may issue. RULE 74.08 LIEN OF JUDGMENT Except as provided in chapter 454, RSMo, or chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.

RULE 74.09 REVIVAL OF JUDGMENT (a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment or the last prior revival of the judgment. (b) Order to Show Cause. Upon the filing of a motion of revival of a judgment, an order shall issue to the judgment debtor to show cause on a day certain why such judgment should not be revived. The order to show cause shall be served pursuant to Rule 54 on the judgment debtor, his successors in interest, or his legal representatives. (c) Judgment of Revival. If the judgment debtor, his successors in interest, or legal representatives fail to

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appear and show cause why the judgment should not be revived, the court shall enter an order reviving the judgment.

RULE 74.10 REVIVAL OF LIEN OF JUDGMENT--INTERMEDIATE ENCUMBRANCES If the order to show cause is issued before the lien expires but the judgment of revival is entered after the lien has expired, the revived lien prevails over intermediate encumbrances. If the order is issued after the expiration of the lien and a judgment of revival is afterward entered, such revival shall take effect from the entry thereof and shall not prevail over intermediate encumbrances. RULE 74.11 SATISFACTION OF JUDGMENT (a) Acknowledgment of Satisfaction. When any judgment or decree is satisfied otherwise than by execution, the judgment creditor shall immediately file an acknowledgment of satisfaction. (b) Who May Enter Satisfaction. Satisfaction may be entered by the judgment creditor, his attorney of record, or an agent; if entered by an agent who is not the attorney of record, his authority shall be filed. (c) Satisfaction of Judgment Entered by the Court. If a judgment creditor who has received satisfaction of a judgment fails to acknowledge such satisfaction immediately, any interested person may apply to the court where the judgment was entered for an order showing satisfaction.

RULE 74.12 ASSIGNMENT OF JUDGMENT

(a) Assignment--Form--Filing. An assignment of a judgment may be made by a writing executed and acknowledged by the assignor. Such assignment shall be filed with the clerk of the court in which the judgment was entered, and a copy of the assignment shall be filed with the clerk of each court in which a transcript of the judgment has been filed. (b) Form of Execution. An execution on an assigned judgment shall issue in the name of the original assignor but shall be endorsed by the judge or clerk to be for the use of the assignee. RULE 74.13 TRANSCRIPT OF JUDGMENT--WHEN LIEN IN ANOTHER COUNTY (a) Filing--Lien. A judgment entered or registered in any United States court in this state or in any court of record of this state, upon the filing of a transcript thereof in the office of the clerk of the circuit court of any county other than the one in which the judgment was obtained, shall be a lien on the real estate that

belongs to the person against whom such judgment is entered and that is situated in the county in which such transcript is filed. (b) Entry of Time of Filing. The clerk shall enter on the judgment records the time of the filing of the transcript. (c) Extent and Duration of Lien. The lien created by the filing of a transcript shall exist to the same extent and for the same time only as the lien of the judgment in the county where the same was entered. A transcript of a judgment reviving a judgment may be filed in the same manner as a transcript of an original judgment. (d) Execution and Revival. Executions may be issued and judgments or liens may be revived only by the circuit court where the judgment was entered. RULE 74.14 UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (a) Definition. In this Rule 74.14 "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court that is entitled to full faith and credit in this state. (b) Filing and Status of Foreign Judgments. A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner. (c) Notice of Filing. (1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. (2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (d) Stay. (1) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been

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granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was entered. (2) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of the judgment that is required in this state. (e) Optional Procedure. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Rule 74.14 remains unimpaired. (f) Uniformity of Interpretation. This Rule 74.14 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that adopt the "Uniform Enforcement of Foreign Judgments Law."

VERNON'S ANNOTATED

MISSOURI STATUTES CHAPTER 516. STATUTES OF LIMITATION PERSONAL ACTIONS AND GENERAL PROVISIONS 516.350. Judgments presumed to be paid, when--presumption, how rebutted- records1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding child support or maintenance or dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment which mandates the making of payments over a period of time or payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or

maintained thereon for any purpose whatever. An action to emancipate a child, and any personal service or order rendered thereon, shall not act to revive the support order.2. In any judgment, order, or decree awarding child support or maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.3. In any judgment, order, or decree dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 28, 2001.4. In any judgment, order or decree awarding child support or maintenance, payment duly entered on the record as provided in subsection 1 of this section shall include recording of payments or credits in the automated child support system created pursuant to chapter 454, RSMo, by the division of child support enforcement or payment center pursuant to chapter 454, RSMo..

RULE 75.01 JUDGMENTS, CONTROL BY

TRIAL COURT The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time. Not later than thirty days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor. After the filing of notice of appeal and before the filing of the record on appeal in the appellate court, the trial court, after the expiration of such thirty-day period, may still vacate, amend or modify its judgment upon stipulation of the parties accompanied by a withdrawal of the appeal. The thirty-day period after entry of judgment for granting a new trial of the court's own initiative is not shortened by the filing of a notice of appeal but is terminated when the record on appeal is filed in the appellate court.

VERNON'S ANNOTATED

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MISSOURI STATUTES CHAPTER 513. EXECUTIONS AND EXEMPTIONS 513.010. Levy and real estate defined 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. 513.015. Executions, who may have The party in whose favor any judgment, order or decree is rendered, may have an execution in conformity therewith. 513.020. Executions may issue, when Executions may issue upon a judgment at any time within ten years after the rendition of such judgment. 513.025. General execution, form 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. 513.030. Executions, when returnable 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. 513.035. Executions, where directed and executed 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. 513.040. Directed to any sheriff in the state, when 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. 513.045. Duties of clerks in issuing executions The clerk shall, before delivering any execution issued by him the clerk, endorse thereon the debt, damages and costs, or damages and costs, to be recovered, and shall keep maintain in his office a well-bound book 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 book and page 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. 513.050. Sheriffs and deputies to endorse on execution the time of receipt--rank of writs 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

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persons, they shall have equal rank, and be executed accordingly. 513.055. Employees and laborers preferred creditors 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. 513.060. Limitation of actions for preference 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. 513.065. Finding as to preferred amount recited in execution and judgment 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. 513.070. Execution against heir to be special 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. 513.075. Execution against executors or administrators prohibited 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. 513.080. Execution sued out by administrator de bonis non 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.

513.085. Execution to be lien, when 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,

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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.

513.090. Property which may be sold under attachment and execution 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. 513.095. Defendant may elect what property shall be sold 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.

513.100. Defendant may elect what property to be first sold 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. 513.105. Evidences of debt liable to be seized and placed in hands of receiver--his duties 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. 513.110. When officer shall act as receiver 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.

513.115. Certificate of corporation shares held, to be furnished, when 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. 513.120. Execution on such shares, how levied 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.

513.125. Bill of sale of shares required, how

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made--effect thereof 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. 513.130. Third-party claim--proceedings-- bond 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.

513.135. Claim, with bond, shall be returned to court--proceedings 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. 513.140. Personal property subject to execution for purchase price, when 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. 513.145. Sale of personal property--notice of time and place--exception 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

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the best interests of the parties to such suit, and account for the proceeds to the court before whom such suit is pending. 513.150. Personal property to be delivered to purchasers--bills of sales thereof given, when 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.

513.155. Personal property levied upon may be retained until day of sale, by giving bond 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. 513.160. Property not delivered, levy to remain a lien 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. 513.165. Condition of bond broken, officer may seize property--how sold 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. 513.170. Plaintiff may move for judgment on bond, when 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.

513.175. Motion heard and determined in a summary way 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.

513.180. No second delivery bond shall be taken 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.

513.185. Delivery bond to be returned--failure--officer to stand as security 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. 513.190. Sale to be fifteen days before return, when If there be sufficient time, the officer shall appoint the day of sale at least fifteen days before the return day of the execution.

513.200. Leases for three years or more subject to execution as real property 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 & by virtue of an execution issued by an associate circuit judge. 513.205. Sheriff in selling real estate shall proceed how--notice to be given--sales, where made 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

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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.

513.210. Real estate to be divided, when--amount to be sold 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.

513.215. Death of defendant after levy, proceedings 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. 513.220. Sheriff selling real estate where court is held at other than county seat 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. 513.225. Notice to be given defendant in execution if a resident of the state, when 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.

513.230. When and how to be served 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. 513.235. Sale, how conducted All property taken in execution by any officer shall be exposed to sale o n 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. 513.240. If purchaser refuses to pay, property to be resold--damages, how recovered 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. 513.245. Court shall proceed in summary manner 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. 513.250. Liability of officer, amounts 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. 513.255. Sale under junior judgment 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.

513.260. Proceeds, how applied

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

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513.265. If a sale be not made at the next term, execution to continue in force, how long 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. 513.270. Execution issued to the sheriff of another county to remain in force, how long 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. 513.275. Deed for real estate to be executed--its recitals 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. 513.280. Such deed, how acknowledged 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. 513.285. Clerk to endorse certificate of acknowledgment on such deed 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.

513.290. Sheriff's deeds to be recorded--record to be evidence 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. 513.295. Sales, how made, when term changed 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.

513.300. Officer not to purchase property--purchases void 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. 513.305. Executions issued from circuit court of Marion county--either division--effect 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.

513.310. Sale of real estate on execution from district No. 2 of Marion County circuit court and

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Cape Girardeau circuit court at Cape Girardeau 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. 513.315. Sheriff to deliver writs to successor, when--duty of new sheriff 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.

513.320. In case of death, executions unexecuted to be delivered to successor 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. 513.325. Power of outgoing officer after levy 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. 513.330. Death of officer after levy and before sale 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. 513.335. After sale, how deed may be obtained 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. 513.340. Officers refusing to carry out execution liable for amount thereof 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

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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. 513.345. Officer liable on his bond for refusal to perform duty 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.

513.350. Remedy of plaintiff against officer in certain cases 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. 513.355. Judge shall call execution docket 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.

513.360. Proceedings to set aside or quash execution 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.

513.365. Judge to order stay of execution, when and how 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. 513.370. Judge to certify and return petition to the court--proceedings 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. 513.375. Any person owing defendant may pay officer, how 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. 513.380. Unsatisfied Judgment, examination of debtor,- use immunity

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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.

513.385. Showing of reasonable ground for order required 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. 513.390. Proceedings in court -- referee may be appointed -- evidence recorded -- signed The examination provided for in this chapter shall be summary, and either arty 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.

513.395. Opinion of court in writing to be filed--effect thereof--costs, how adjudged 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. 513.400. Fees of referee to be allowed by court 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. 513.410. Execution against city returned unsatisfied, officers compelled by mandamus to levy 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

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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. 513.415. Court to determine the time within which levy shall be made 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. 513.420. Officer refusing to comply, guilty of misdemeanor 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.

SUPREME COURT RULES RULE 76. EXECUTIONS RULE 76.01 APPLICATION FOR EXECUTION An execution may be issued on application signed by the party or his attorney and stating the address of the person making the application. RULE 76.02 FORM OF WRIT OF EXECUTION An execution shall be in the following form: The State of Missouri to the sheriff of any county in the State of Missouri: Whereas, AB has on the ..... day of .........., 19..., obtained the judgment of this court against CD upon which there is an unpaid balance of $........., accrued interest to date of $......... and costs of $........., you are commanded to execute this writ by levying upon CD's property and on the ..... day of .........., 19..., certifying to this court how you executed this writ. RULE 76.03 EXECUTION AGAINST HEIRS If there is a judgment against a deceased person whose estate has not been administered, an execution may be issued against his heirs to seize any property which belonged to the decedent at the time of his death.

RULE 76.04 EXECUTION--WHEN RETURNABLE

An execution shall be returned at a date designated by the applicant, which shall not be less than thirty days nor more than ninety days after it is issued. When an execution is levied upon property and a sale is not made before the return date of the execution, the execution and any lien created thereby shall remain in force for one hundred eighty days after the issuance of the execution or until the property is sold, whichever period is shorter. RULE 76.05 HOW DIRECTED AND EXECUTED Executions shall be directed to "any sheriff in the State of Missouri" and may be executed in any county by the sheriff of that county. More than one execution may be outstanding at the same time.

RULE 76.06 LEVY--HOW MADE (a) Real Estate. A levy upon real estate shall be made by the sheriff endorsing the description of the real estate upon the execution. (b) Tangible Personal Property Which Can Be Seized. A levy upon tangible personal property shall be made by the sheriff taking possession of the property unless such seizure is impracticable. (c) Tangible Personal Property Where Seizure Is Impracticable. A levy upon tangible personal property where seizure is impracticable shall be made by the sheriff posting a notice of the levy upon the property or as near as practicable thereto. (d) Property Subject to Garnishment. A levy upon property subject to garnishment, as defined in Rule 90.01, shall be made as provided in Rule 90. (e) Partnership Interest. A levy upon an interest in a partnership shall be made as provided in Section 358.280, RSMo. (f) Security or Share. A levy upon a security or any share or other interest evidenced thereby shall be made by actual seizure thereof by the sheriff but if the security is in the possession of the issuer a levy may be made by serving a written notice of the levy upon the issuer. RULE 76.07 WHEN LEVY CREATES LIEN A levy creates a lien upon personal property. A levy upon real estate not already subject to a lien of the judgment shall create a lien upon the filing of a notice of the levy with the recorder of deeds in the county in which the land is located. The notice of the levy shall contain a description of the real estate.

RULE 76.075 EXEMPTIONS (a) Within three days after an officer has levied an execution, he shall notify the person against whom the execution has issued that an execution has been levied, that certain property, if any, is exempt under sections

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513.430 and 513.440, RSMo, and that the person has the right to hold the property as exempt from attachment and execution. The officer shall also generally state that there are certain exemptions under state and federal law that the judgment debtor may be able to claim with respect to the property levied upon and describe the procedure for claiming the property as exempt. The notice shall also inform the person against whom the execution issues of the manner in which he may obtain a specific description of the property upon which the levy was made. The notice may be served in the same manner as a summons or by mailing the notice to the judgment debtor at his last known address by regular mail. Service by mail shall be complete upon mailing. (b) The judgment debtor may claim any exemption by filing a verified request with the levying officer within twenty days after notice of the levy. Any exemption allowed by federal law may be claimed at any time prior to the sale of property or disbursement of funds. 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. If the levy is in the form of a garnishment upon the judgment debtor's wages, no such notification is required. The party requesting the execution may object to any claim for exemption within six days of the filing of the verified request by filing a request for court review. (c) If a request for court review is not timely filed, the levying officer shall release from execution the items claimed as exempt by the judgment debtor. Regardless of whether a request for court review is timely filed and where the property involves a garnishment upon the judgment debtor's wages, the levying officer shall release from execution the items claimed as exempt by the judgment debtor to the extent required by law at the time the claim for exemption is filed. If a request for court review is timely filed and the property does not involve a garnishment upon the judgment debtor's wages, the exemption claim shall first be reviewed and determined by the court before the levying officer shall release the items claimed as exempt. Any hearing required by the court shall be expedited, shall be held not later than thirty days after the filing of the request for court review, and shall be held upon not less than three days' notice of the hearing to all parties in interest.

RULE 76.08 RECEIVER--WHEN APPOINTED When property is seized on execution the court may appoint a receiver pursuant to Rule 68.02, who may be the sheriff holding the execution or some other person or corporation. RULE 76.09 ELECTION OF PROPERTY TO BE LEVIED UPON The person whose property is levied upon may select the property, real or personal, to be levied upon. The

election shall be made by delivering to the sheriff a list of property selected which is sufficient to satisfy the execution. The sheriff shall levy only upon the property selected unless he believes the property selected is not sufficient to satisfy the execution. RULE 76.10 WHO MAY INTERVENE Any person, except the judgment debtor, claiming an interest in property which has been levied upon may intervene in the execution proceedings pursuant to Rule 52.12.

RULE 76.11 EXECUTION ON REAL ESTATE--AMOUNT TO BE SOLD When an execution is levied upon real estate, the sheriff 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 person whose property is levied upon desires the whole of any tract or lot of land to be sold together. RULE 76.12 ELECTION OF ORDER OF SALE The person whose property is levied upon may elect the order of sale by delivering to the sheriff a statement, in writing, of such election at least three days before the day of the sale, stating specifically the order of sale desired. The sheriff shall proceed according to such election. RULE 76.13 NOTICE OF SALE OF PERSONAL PROPERTY Before selling personal property under an execution, the sheriff, at least ten days before the sale, shall post three notices in public places in the township in which the sale is to be held. The notices shall describe the property to be sold, shall state the time and place of sale, and shall state the methods of payment approved by the judgment creditor. If the court finds that the personal property is likely to perish or is likely to depreciate in value to a considerable extent, the period of notice may be shortened or eliminated. RULE 76.14 RETENTION OF PERSONAL PROPERTY PENDING SALE The person whose personal property has been levied upon may retain or regain possession of the property until the time of sale, by giving bond, in favor of the judgment creditor executed by such person as principal and one or more sufficient sureties, approved by the sheriff, in double the value of such property, conditioned upon the delivery of the property at the time and place of sale.

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RULE 76.15 EXECUTION SALES OF

LAND--WHERE HELD Execution sales of land shall be held at the courthouse door designated in the notice of sale. If the land is located in only one county the sale of the land shall be held in that county. If the lands are located in more than one county but are contiguous the sale of the land shall be held in any county where any part of the land is located. If the land is located in more than one county but in separate tracts, the sale or sales shall be held in the county or counties in which any of the land is located which the court designates. RULE 76.16 NOTICE OF SALE 76.16. Notice of Sale Notice of a sale of land under execution shall be published in each county in which any of the land to be sold is located. The notice shall state the time and place of sale, what land is to be sold and where situated, and the methods of payment approved by the judgment creditor. The notice shall be published at least once a week for four successive weeks and shall appear on the same day of each week. The last insertion shall not be more than one week prior to the day of sale. The notice shall be published by advertisement in some newspaper printed in the county, if there be one regularly published, weekly or daily. If there is no such newspaper, then the publication shall be in a newspaper designed by the court. RULE 76.17 NOTICE TO PERSON WHOSE LAND IS LEVIED UPON At least thirty days before the sale of land the judgment creditor shall serve a notice of sale on the person whose land is levied upon by personal service or by mailing a copy thereof to his last known address. Service may be shown by acknowledgment of receipt, written return of service, or by affidavit or by written certificate of counsel making such mailing. Proof of service shall be filed in the court. RULE 76.18 SALE--HOW CONDUCTED 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. If approved by the judgment creditor and included in the notice of sale, the sheriff may accept payment by cashier�s check, money order, or other method. If there is insufficient time to sell all of the property

during any one day, the sheriff shall continue such sale from day to day at the same place, shall announce that the sale is being adjourned, and shall announce the date and time the sale will recommence. RULE 76.19 RESALE WHEN PURCHASER FAILS TO PAY PURCHASE PRICE If the purchaser at an execution sale fails to pay the purchase price under the terms of the sale, the sheriff making the sale shall resell the property. Upon motion by the sheriff to the court out of which the execution was issued or the circuit court of the county in which the sale was held, the court may enter a judgment against such purchaser for any loss occasioned by his failure to pay, and for costs. The sheriff may refuse bids of a purchaser who has so failed to pay. The sheriff shall not be liable for the amount of a bid which the purchaser fails to pay. RULE 76.20 SHERIFF NOT TO PURCHASE PROPERTY Neither the sheriff conducting an execution sale nor his deputies, nor any person for them, shall purchase at such sale and all purchases so made shall be void. RULE 76.21 PERSONAL PROPERTY TO BE DELIVERED--BILL OF SALE GIVEN, WHEN A sheriff conducting an execution sale of personal property shall, upon payment of the purchase price, deliver the personal property to the purchaser and, upon request, execute and deliver a bill of sale to the purchaser. RULE 76.22 ASSIGNMENT OF SECURITY OR SHARE When any security or any share or other interest evidenced thereby is sold under execution, the sheriff making such sale shall execute and deliver to the purchaser an instrument in writing, reciting the sale and payment of the consideration and assigning to the purchaser such security, or any share or other interest evidenced thereby. RULE 76.23 DEED FOR REAL ESTATE SOLD UNDER EXECUTION (a) Contents of Deed. The deed of the sheriff who has sold real estate or a lease for more than three years shall contain the names of the parties to the execution, the description of the property and the time, place, and manner of sale. The deed shall be prepared at the cost of the purchaser at the sale. (b) Acknowledgment. The officer shall acknowledge his signature to the deed before the circuit court of the

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county in which the sale is held. If the sheriff who has sold real estate under an execution fails to acknowledge his signature in open court, such deed may be proved in court as other deeds. (c) Certification by Clerk. The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry of the acknowledgment or proof, with the names of the parties to the suit, and a description of the property conveyed.

RULE 76.24 DUTIES OF SHERIFF TO BE PERFORMED BY SUCCESSOR When the authority of a sheriff to whom a writ of execution has been delivered has been terminated before the sheriff has performed all of his duties in executing the writ, other than his acknowledgment of a deed executed by the sheriff, such other duties as have not been performed shall be performed by the sheriff�s successor or other person authorized by law to perform the duties of the sheriff. RULE 76.25 STAY OR QUASHING OF EXECUTION--BOND The person whose property has been levied upon may apply to the judge of the division of the court out of which the same was issued for a stay of execution or to quash the execution. Reasonable notice of the time of the hearing on the application shall be given to opposing parties. The application shall be by petition setting forth good cause why the execution should be stayed or quashed. The court may require the petitioner to provide a sufficient bond with adequate security approved by the court, conditioned upon the delivery of the property. RULE 76.26 BREACH OF BOND--JUDGMENT Upon breach of the condition of a bond given under this Rule 76, the obligee may file a motion in the court in which the action is pending for judgment on the bond against obligor and his sureties, or any of them. A copy of the motion, and a notice of the time and place for hearing shall be served pursuant to Rule 54 upon each person against whom a judgment on the bond is sought. Any judgment on the bond shall be for the amount of the actual damages resulting from the breach of its conditions, not to exceed the amount of the bond, together with obligee's reasonable attorneys' fees and costs.

RULE 76.27 EXAMINATION OF JUDGMENT DEBTOR When an execution is returned unsatisfied the judgment creditor may petition the court which

rendered the judgment to enter an order requiring the judgment debtor to appear and be examined under oath concerning his means of satisfying the judgment.

RULE 76.28 DISCOVERY IN AID OF EXECUTION

In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery as provided by Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01 and may enforce discovery as authorized by Rule 61.01 or by an order treating as a contempt of court the failure to comply with the discovery request. However, the scope of post-judgment discovery shall be limited to matters, not privileged, that are relevant to the discovery of assets, including insurance, or income subject to execution or garnishment for the satisfaction of judgments. UNITED STATES CODE ANNOTATED TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE 1962. Lien Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State, and shall cease to be a lien in the same manner and time. This section does not apply to judgments entered in favor of the United States. Whenever the law of any State requires a judgment of a State court to be registered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State. 1963. Registration of judgments for enforcement in other districts. A judgment in an action for the recovery of money or property entered in any court of appeals, district court, bankruptcy court, or in the Court of International Trade may be registered by filing a certified copy of the judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown. Such a judgment entered in favor of the United States may be so registered any time after judgment is

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entered. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien. The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments. UNITED STATES CODE ANNOTATED RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS Rule 64. Seizure of Person of Property At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought, subject to the following qualifications: (1) any existing statute of the United States governs to the extent to which it is applicable; (2) the action in which any of the foregoing remedies is used shall be commenced and prosecuted or, if removed from a state court, shall be prosecuted after removal, pursuant to these rules. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated and regardless of whether by state procedure the remedy is ancillary to an action or must be obtained by an independent action.

Rule 69. Execution (a) In General. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable. In aid of the judgment or execution, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules or in the manner provided by the practice of the state in which the district court is held. (b) Against Certain Public Officers. When a judgment has been entered against a collector or

other officer of revenue under the circumstances stated in Title 28, U.S.C., s 2006, or against an officer of Congress in an action mentioned in the Act of March 3, 1875, ch. 130, s 8 (18 Stat. 401), U.S.C., Title 2, s 118, and when the court has given the certificate of probable cause for the officer's act as provided in those statutes, execution shall not issue against the officer or the officer's property but the final judgment shall be satisfied as provided in such statutes.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 525. GARNISHMENTS 525.010. Who may be summoned as garnishees All persons shall be subject to garnishment, on attachment or execution, who are named as garnishees in the writ, or have in their possession goods, moneys or effects of the defendant not actually seized by the officer, and all debtors of the defendant, and such others as the plaintiff or his attorney shall direct to be summoned as garnishees. 525.020. Garnishees summoned, how When a fieri facias shall be issued and placed in the hands of an officer for collection, it shall be the duty of the officer, when directed by the plaintiff, his agent or attorney, to summon garnishees, and with like effect as in case of an original attachment. The service of garnishment in such case, and the subsequent proceedings against and in behalf of the garnishee, shall be the same as in the case of garnishment under an attachment. 525.030. Persons exempted from summons as garnishee, when--amount to be withheld from wages, how computed--earnings defined--penalty 1. No sheriff or other officer charged with the collection of money shall, prior to the return day of an execution or other process upon which the same may be made, be liable to be summoned as garnishee; nor shall any county collector, county treasurer or municipal corporation, or any officer thereof, or any administrator or executor of an estate, prior to an order of distribution, or for payment of legacies, or the allowance of a demand found to be due by his estate, be liable to be summoned as garnishee; nor shall any person be so charged by reason of his having drawn, accepted, made or endorsed any promissory note, bill of exchange, draft or other security, in its nature negotiable, unless it be shown at the hearing that such

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note, bill or other security was the property of the defendant when the garnishee was summoned, and continued so to be until it became due. 2. The maximum part of the aggregate earnings of any individual for any workweek, after the deduction from those earnings of any amounts required by law to be withheld, which is subjected to garnishment may not exceed (a) twenty-five percentum, or, (b) the amount by which his aggregate earnings for that week, after the deduction from those earnings of any amounts required to be withheld by law, exceed thirty times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 [FN1] in effect at the time the earnings are payable, or, (c) if the employee is the head of a family and a resident of this state, ten percentum, whichever is less. The restrictions on the maximum earnings subjected to garnishment do not apply in the case of any order of any court for the support of any person, any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act [FN2] or any debt due for any state or federal tax. For pay periods longer than one week, the provisions of subsection 2(a) and (c) of this section shall apply to the maximum earnings subjected to garnishment for all workweeks compensated, and under subsection 2(b) of this section, the "multiple" of the federal minimum hourly wage equivalent to that applicable to the earnings subject to garnishment for one week shall be represented by the following formula: The number of workweeks or fractions thereof (x) x 30 x the applicable federal minimum wage. For the purpose of this formula, a calendar month shall be considered to consist of 4 1/3 workweeks, a semimonthly period to consist of 2 1/6 weeks. The "multiple" for any other pay period longer than one week shall be computed in a manner consistent herewith. The restrictions on the maximum amount of earnings subjected to garnishment shall also be applicable to all proceedings involving the sequestration of wages of employees of all political subdivisions. The term "earnings" as used herein means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. 3. In any proceeding of garnishment or sequestration of wages under the provisions of sections 525.010 to 525.480, the maximum part of the aggregate earnings of any individual in any workweek which shall be subject to garnishment or sequestration pursuant to

the provisions of subsection 2 of this section shall be construed to constitute all wages or earnings of the defendant in the garnishee's possession or charge or to be owing by him to the defendant in that week. 4. No notice, summons, or writ of garnishment, or sequestration of wages issued or served under sections 525.010 to 525.480 shall attach or purport to attach any wages in excess of the amounts prescribed in subsection 2 of this section and each such notice, summons, or writ shall have clearly and legibly reproduced thereon the provisions of subsections 2, 5 and 6 of this section. 5. No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment or sequestration for any one indebtedness. 6. Whoever willfully violates the provisions of subsection 5 of this section is guilty of a misdemeanor. 525.040. Effect of notice of garnishment Notice of garnishment, served as provided in sections 525.010 to 525.480 shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other choses in action of the defendant in the garnishee's possession or charge, or under his control at the time of the service of the garnishment, or which may come into his possession or charge, or under his control, or be owing by him, between that time and the time of filing his answer; but he shall not be liable to a judgment in money on account of such bonds, bills, notes, drafts, checks or other choses in action, unless the same shall have been converted into money since the garnishment, or he fail, in such time as the court may prescribe, to deliver them into court, or to the sheriff or other person designated by the court. 525.050. Notice of garnishment, how served on corporations Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer for collection in the corporation's county of primary business; provided, if such designated person is not available or if such designation is not filed with the sheriff or officer of collection, then such notice may be served upon the president, secretary, treasurer, cashier or other chief or managing officer of such corporation. Notice of garnishment may be served on railroad corporations by delivering the same, or a copy thereof, to any station or freight agent of such corporation, and on insurance companies not

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incorporated by or organized under the laws of this state, by delivering the same, or a copy thereof, to the director of the department of insurance. 525.060. Return of writ, how made The officer serving a writ of attachment shall return all bonds taken by him into court, with the writ, and a statement of the names of all garnishees, together with the day and hour and the places when and where they were respectively summoned.

525.070. Garnishee may discharge

himself, how Whenever any property, effects, money or debts, belonging or owing to the defendant, shall be confessed, or found by the court or jury, to be in the hands of the garnishee, he may, at any time before final judgment, discharge himself, by paying or delivering the same, or so much thereof as the court shall order, to the sheriff, from all further liability on account of the property, money or debts so paid or delivered. 525.080. Garnishee to deliver property, or pay debts, or may give bond therefor If it appear that a garnishee, at or after his garnishment, was possessed of any property of the defendant, or was indebted to him, the court, or judge in vacation, may order the delivery of such property, or the payment of the amount owing by the garnishee, to the sheriff or into court, at such time as the court may direct; or may permit the garnishee to retain the same, upon his executing a bond to the plaintiff, with security, approved by the court, to the effect that the property shall be forthcoming, or the amount paid, as the court may direct. Upon a breach of the obligation of such bond, the plaintiff may proceed against the obligors therein, in the manner prescribed in the case of a delivery bond given to the sheriff. 525.090. Claimants may interplead Any person claiming property, money, effects or credits attached in the hands of a garnishee, may interplead in the cause, as provided by law in attachment cases; but no judgment shall be rendered against the garnishee in whose hands the same may be, until the interplea shall be determined. 525.100. Adjudication of costs In all cases of interplea, costs may be adjudged for or against either party, as in ordinary actions. 525.110. Execution same as on general

judgment When judgment is rendered against any garnishee, the execution shall be such as is allowed by law on general judgment.

525.120. Courts may prescribe rules The court having jurisdiction may prescribe, by rule, the time and manner of excepting to and denying the answer of garnishees, of interpleading, exhibiting or filing papers, or taking any needful step in garnishment cases where the same are not prescribed by law. 525.130. Plaintiff may exhibit interrogatories against garnishees -- interrogatories, when filed The plaintiff may exhibit in the cause written interrogatories touching the property, effects and credits attached in the hands of any garnishee, and require such garnishee to make full, direct and true answers to the same, upon oath; which interrogatories shall be filed at the return term of the writ, and within the first three days thereof, if the term shall so long continue, and if not, then before the end of the term, and not afterward, unless for good cause shown the court shall order otherwise. 525.140. Garnishee shall file answer--failing, judgment by default Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unless for good cause shown the court shall order otherwise. In default of such answer, the plaintiff may take judgment by default against him, or the court may, upon motion, compel him to answer by attachment of his body; provided, in all cases where the garnishee is a corporation and fails to answer as above provided, the court may, upon motion, compel said corporation to answer by attaching the body of the president, secretary, treasurer, auditor, paymaster or deputy paymaster of such corporation, in which case the said corporation shall be liable for all the costs accruing by reason of such attachment. 525.150. Garnishment for wages, issued against railroad, when Except as herein provided, no garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars or less, and where the property sought to be reached is wages due the defendant by any railroad corporation, until after judgment shall have been recovered by the plaintiff against the defendant in the action; provided, this

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section shall not apply when the debt or claim sued for was contracted or accrued in this state; provided further, in such cases the petition or statement filed in the cause and the writ or summons of garnishment shall affirmatively show that the debt or claim sued for was contracted or accrued in this state and is owing to a bona fide citizen or resident of this state. 525.160. Railroad to answer garnishment for wages, when Except as herein provided, no railroad corporation shall be required to make answer to any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal services, nor shall any default or other liabilities attach because of its failure to so answer in such cases, where a writ of garnishment was issued or served in advance of the recovery by the plaintiff against the defendant, in any action for two hundred dollars or less; and any judgment rendered against any railroad corporation for its said failure or refusal to make answer to any garnishment so issued or served before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in section 525.150 shall be void, and any officer entering said judgment or who may execute the same shall be taken and considered a trespasser and in addition thereto may be enjoined by any court having jurisdiction; provided, this section shall not apply when the debt or claim sued for was contracted or accrued in this state; provided further, in such cases the petition or statement filed in the cause and the writ or summons of garnishment shall affirmatively show that the debt or claim sued for was contracted or accrued in this state and is owing to a bona fide citizen or resident of this state.

525.170. Judgment by default, how rendered final--extent and effect of against garnishee Such judgment by default may be proceeded on to final judgment, in like manner as in case of defendants in other civil actions; but no final judgment shall be rendered against the garnishee until there shall be final judgment against the defendant, and in no case for a greater amount than the amount sworn to by the plaintiff, with interest and costs, or for a greater amount than the garnishee shall appear to be liable for to the defendant.

525.180. Answer of garnishee excepted to, adjudged insufficient--proceedings The plaintiff may except to the answer of the garnishee for insufficiency, and if the same shall be

adjudged insufficient, the court may allow the garnishee to amend his answer in such time and on such terms as shall be just, or the plaintiff may take judgment by default, or move the court to attach the body of the garnishee, to compel a sufficient answer.

525.190. Denial of garnishee to answer, how--replication--issues tried, how The plaintiff may deny the answer of the garnishee, in whole or in part, without oath. In all cases where the answer of the garnishee is denied, the denial shall contain, specially, the grounds upon which a recovery is sought against the garnishee; and the garnishee shall be entitled to a reply, and the issue or issues made up on the denial and reply shall be the sole issue or issues tried, and the issue or issues shall be tried as ordinary issues between plaintiff and defendant. 525.200. What proceedings had, if effects found in hands of garnishee--judgment If, upon such trial, it shall appear that property, effects or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value thereof, or what money are in his hands, and unless he discharge himself, as provided in section 525.070, by paying over or delivering the same to the sheriff, or unless he shall, within such time as the court shall direct, as provided in section 525.080, pay or deliver up such property, effects or money, or shall execute his bond for the payment or delivery thereof, then the court shall enter up judgment against the garnishee for the proper amount or value as found in money, and execution may issue forthwith to enforce such judgment.

525.210. Answer taken as sufficient, when If the answer of the garnishee be not excepted to nor denied in proper time, it shall be taken to be true and sufficient.

525.220. If answer admits affects or indebtedness, proceedings If, by the answer, not excepted to or denied, it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the same proceedings may be had to ascertain the value of such property or effects, or amount of such indebtedness, and to render and enforce a judgment therefor, as is provided in section 525.200. 525.230. Allowance in such case to garnishee The court shall make the garnishee a reasonable

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allowance for his trouble and expenses in answering the interrogatories, to be paid out of the funds or proceeds of the property or effects confessed in his hands. The court also shall allow the garnishee, in addition to the reasonable allowance for his trouble and expenses in answering the interrogatories, to claim a fee consisting of the greater of eight dollars or two percent of the amount required to be deducted by any court ordered garnishment or series of garnishments arising out of the same judgment debt for the trouble and expenses in administering the notice of garnishment. The fee shall be withheld by the employer from the employee in addition to the moneys withheld to satisfy the court ordered judgment. Such fee shall not be a credit against the court ordered judgment.

525.233. Notice of garnishment and writ of sequestration to contain federal taxpayer identification number--failure to comply, effect The notice of garnishment and the writ of sequestration shall contain the federal taxpayer identification number, when available, on the judgment debtor. When the federal taxpayer identification number is omitted from the notice of garnishment or the writ of sequestration the garnishee shall not be held liable for withholding from the incorrect debtor by the creditor garnishing the funds. The creditor shall not have any action against the garnishee, when the federal taxpayer identification number is omitted from the notice of garnishment or the writ of sequestration or does not match the federal taxpayer identification, for failure to withhold from any person the amount stated in the notice of garnishment or the writ of sequestration, except to serve a notice of garnishment or writ of sequestration for the original amount to the garnishee with the correct federal taxpayer identification number. 525.240. Costs adjudged against plaintiff, when--allowance to garnishee If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged against such plaintiff, and the court shall render judgment in favor of such garnishee, against the plaintiff, for a sum sufficient to indemnify him or her for his or her bona fide time and expenses including actual employee costs, and reasonable attorney's fees, in preparing, attending and answering and defending in subsequent proceedings as garnishee.

525.250. Adjudication of costs in other cases

In all cases between the plaintiff and garnishee, a court of competent jurisdiction may order the parties

to pay or recover costs, as in ordinary cases between plaintiff and defendant. 525.260. Debts not due may be attached Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for debts until they shall become due.

525.270. Claimants of debts assigned, or property sold, may be made parties, how--notice, how given--trial 1. If the garnishee disclose in his answer, and declare his belief, that the debt owing by him to the defendant, or the supposed property of the defendant in his hands, has been sold or assigned to a third person, and the plaintiff contests or disputes the existence, force or validity of such sale or assignment, the court shall make an order upon the supposed vendee or assignee, to appear at a designated time and sustain his claim to the property or debt. 2. A copy of such order shall be served upon him, as in the case of a summons, if he can be found; if not, it shall be published once a week, for three consecutive weeks, in some newspaper published in or nearest the county in which the action is pending, which shall be equivalent to service. If the party so notified fail to appear as required, the garnishee's averment of such sale or assignment shall be disregarded; but if he appear, and, in writing, filed in the cause and verified by affidavit, claim under such sale or assignment, a trial of his right shall be had, without unnecessary delay, upon an issue made thereon; and if the same be determined in his favor, the garnishee shall, as to the property or debt in question, be discharged.

525.280. Garnishee owing note to defendant, latter may be required to produce same in court--proceedings If it shall be made to appear that any garnishee had, before his garnishment, executed to any defendant a negotiable promissory note, which, at the time of the garnishment, was unpaid, the court, or the judge thereof, may order the defendant to deliver the same into the court; and if the defendant, in showing cause for the nondelivery thereof, allege an endorsement or delivery thereof to some other person before the order of the court came to his knowledge, the fact of such transfer and the consideration and good faith thereof may be inquired into and determined by the court; and in order thereto, the alleged endorsee or transferee and the defendant may be examined, on oath, in open court, and if it appear that such endorsee or transferee holds the same by a fraudulent endorsement or delivery, the court may order him to deliver such note into court. Any order of delivery made in pursuance hereof may be enforced by attachment of the body of

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the party to whom it is directed. When any note shall be delivered into court, in pursuance of this section, the court shall take proper measures to cause any endorsers thereon to be notified, at its maturity, of its nonpayment.

525.290. Garnishment of wages--personal

service upon defendant required--exception --petition and summons to show cause of action No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant, unless the suit be brought in the county where the defendant resides, or in the county where the debt is contracted and the cause of action arose or accrued, and in cities over one hundred thousand inhabitants in the city where the defendant resides or the debt is contracted and the cause of action accrued; provided, the petition or statement filed in the cause and writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose. 525.300. Wages earned out of state exempt--exception Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process; and if the writ of attachment is not personally served on the defendant, the court issuing the writ of attachment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of plaintiff. In all actions commenced in this state in which it is sought to garnish wages in aid of attachment, the petition or statement filed in such cause and the writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.

525.310. Compensation of state and municipal employees subject to writ of sequestration 1. When a judgment has been rendered against an officer, appointee or employee of the state of Missouri, or any municipal corporation or other political subdivision of the state, the judgment creditor, or his attorney or agent, may file in the office of the clerk of the court before whom the judgment was rendered, an application setting forth such facts, and that the judgment debtor is employed by the state, or a municipal corporation or other political subdivision of the state, with the name of the department of state or

the municipal corporation or other political subdivision of the state which employs the judgment debtor, and the name of the treasurer, or the name and title of the paying, disbursing or auditing officer of the state, municipal corporation or other political subdivision of the state, charged with the duty of payment or audit of such salary, wages, fees or earnings of such employee, and upon the filing of such application the clerk shall issue a writ of sequestration directed to the sheriff or other officer authorized to execute writs in the county in which such paying, disbursing or auditing officer may be found and the sheriff or other officer to whom the writ is directed shall serve a true copy thereof upon such paying, disbursing or auditing officer named therein, which shall have the effect of attaching any and all salary, wages, fees or earnings of the judgment debtor, which are not made exempt by virtue of the exemption statutes of this state and are not in excess of the amount due on the judgment and costs, then due and payable, from the date of the writ to the return day thereof. 2. The paying, disbursing or auditing officer charged with the duty of payment or audit of the salary, wages, fees or earnings of the judgment debtor shall deliver to the sheriff or officer serving the writ the amount, not to exceed the amount due upon the judgment and costs, of the salary, wages, fees or earnings of the judgment debtor not made exempt by virtue of the exception statutes of this state, as the same shall become due to the judgment debtor. The paying, disbursing or auditing officer shall pay to the judgment debtor the remaining portion of his salary, wages, fees or earnings, as the same shall become due to the judgment debtor. The sheriff, or officer serving the writ, shall provide to the paying, disbursing or auditing officer along with the writ sufficient information to compute the amount which shall be delivered to the sheriff or officer serving the writ. Neither the state, municipal corporation or other political subdivision of the state, nor the paying, disbursing or auditing officer shall be liable for the payment of any amount above the amount delivered to the sheriff or officer serving the writ if the computation of the amount delivered is in accordance with the information provided with the writ. 3. The sheriff or officer serving such writ shall endorse thereon the day and date he received the same, and upon receiving any amount in connection with the writ, shall issue his receipt to such paying, disbursing or auditing officer therefor. All amounts delivered to the sheriff, or officer serving said writ, in connection with the writ, or so much thereof as shall be necessary therefor, shall be applied to the payment of the judgment debt, interest and costs in the same manner as in the case of garnishment under execution. The sheriff or other officer serving the writ shall make his return to the writ showing the manner of serving the same, and he shall be allowed the same fees therefor

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as provided for levy of execution, and the writ shall be returnable in the same manner as the execution issued out of the court in which the judgment was rendered. Nothing in this section shall deprive the judgment debtor of any exemptions to which he may be entitled under the exemption laws of this state, and the same may be claimed by him to the sheriff or other officer serving the writ at any time on or before the return day of the writ in the manner provided under the exemption laws of this state. It shall be the duty of such sheriff or other officer serving the writ, at the time of the service thereof, to apprise the judgment debtor of his exemption rights, either in person or by registered letter directed to the judgment debtor to his last known address.

452.350. Withholding of wages or other income--commencement of withholding--voluntary income assignments--employer's obligations--discharge, discipline, or refusal to hire prohibited--contempt proceedings--modification or termination of withholding--priority of claims against wages--retroactivity

1. Until January 1, 1994, except for orders entered or modified in IV-D cases, each order for child support or maintenance entered or modified by the court pursuant to the authority of this chapter, or otherwise, shall include a provision notifying the person obligated to pay such support or maintenance that, upon application by the obligee or the Missouri division of child support enforcement of the department of social services, the obligor's wages or other income shall be subject to withholding without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation. The order shall also contain provisions notifying the obligor that:(1) The withholding shall be for the current month's maintenance and support; and(2) The withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray delinquent child support and maintenance, which additional withholding shall continue until the delinquency is paid in full.2. For all orders entered or modified in IV-D cases, and effective January 1, 1994, for every order for child support or maintenance entered or modified by the court pursuant to the authority of this chapter, or otherwise, income withholding pursuant to this section shall be initiated on the effective date of the order, except that such withholding shall not commence with the effective date of the order in any case where:(1) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. For purposes of this subdivision, any finding that there is good cause not to require immediate withholding must be based on, at least, a written determination and an explanation by the court

that implementing immediate wage withholding would not be in the best interests of the child and proof of timely payments of previously ordered support in cases involving the modification of support orders; or(2) A written agreement is reached between the parties that provides for an alternative arrangement.If the income of an obligor is not withheld as of the effective date of the support order, pursuant to subdivision (1) or (2) of this subsection, or otherwise, such obligor's income shall become subject to withholding pursuant to this section without further exception on the date on which the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation. Such withholding shall be initiated in the manner provided in subsection 4 of this section. All IV-D orders entered or modified by the court shall contain a provision notifying the obligor that he or she shall notify the division of child support enforcement regarding the availability of medical insurance coverage through an employer or a group plan, provide the name of the insurance provider when coverage is available, and inform the division of any change in access to such insurance coverage. Any income withheld pursuant to this section for a support order initially entered on or after October 1, 1999, shall be paid to the payment center pursuant to .section 454.530, RSMo. Any order of the court entered on or after October 1, 1999, establishing the withholding for a support order as defined in section 454.460, RSMo, or notice from the clerk issued on or after October 1, 1999, pursuant to this section for a support order shall require payment to the payment center pursuant to section 454.530, RSMo.3. The provisions of section 432.030, RSMo, to the contrary notwithstanding, if income withholding has not been initiated on the effective date of the initial or modified order, the obligated party may execute a voluntary income assignment at any time, which assignment shall be filed with the court and shall take effect after service on the employer or other payor.4. The circuit clerk, upon application of the obligee or the division of child support enforcement, shall send, by certified mail, return receipt requested, a written notice to the employer or other payor listed on the application when the obligated party is subject to withholding pursuant to the child support order or subsection 2 of this section. For orders entered or modified in cases known by the circuit clerk to be IV-D cases in which income withholding is to be initiated on the effective date of the order, and effective January 1, 1994, for all orders entered or modified by the court in which income withholding is to be initiated on the effective date of the order, the circuit clerk shall send such notice to the employer or other payor in the manner provided by this section at the time the order is entered without application of any party when an employer or other payor is identified to the circuit clerk by inclusion in the pleadings pursuant to section 452.312, or otherwise. The notice of income withholding shall be prepared by

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the person entitled to support pursuant to the order, or the legal representative of that person, on a form prescribed by the court, and shall be presented to the clerk of the court at the time the order of support is entered. The notice shall direct the employer or other payor to withhold each month an amount equal to one month's child support and maintenance until further notice from the court. In the event of a delinquency in child support or maintenance payments in an amount equal to one month's total support obligation, the notice further shall direct the employer or other payor to withhold each month an additional amount equal to fifty percent of one month's child support and maintenance until the support delinquency is paid in full. The notice shall also include a statement of exemptions which may apply to limit the portion of the obligated party's disposable earnings which are subject to the withholding pursuant to federal or state law and notify the obligor that the obligor may request a hearing and related information pursuant to this section. The notice shall contain the Social Security number of the obligor if available. The circuit clerk shall send a copy of this notice by regular mail to the last known address of the obligated party. A notice issued pursuant to this section shall be binding on the employer or other payor, and successor employers and payors, two weeks after mailing, and shall continue until further order of the court or the division of child support enforcement. If the notice does not contain the Social Security number of the obligor, the employer or other payor shall not be liable for withholding from the incorrect obligor. The obligated party may, within that two-week period, request a hearing on the issue of whether the withholding should take effect. The withholding shall not be held in abeyance pending the outcome of the hearing. The obligor may not obtain relief from the withholding by paying overdue support, if any. The only basis for contesting the withholding is a mistake of fact. For the purpose of this section, "mistake of fact" shall mean an error in the amount of arrearages, if applicable, or an error as to the identity of the obligor. The court shall hold its hearing, enter its order disposing of all issues disputed by the obligated party, and notify the obligated party and the employer or other payor, within forty-five days of the date on which the withholding notice was sent to the employer.5. For each payment the employer may charge a fee not to exceed six dollars per month, which shall be deducted from each obligor's moneys, income or periodic earnings, in addition to the amount deducted to meet the support or maintenance obligation subject to the limitations contained in the federal Consumer Credit Protection Act (15 U.S.C. 1673).6. Upon termination of the obligor's employment with an employer upon whom a withholding notice has been served, the employer shall so notify the court in writing. The employer shall also inform the court, in writing, as to the last known address of the obligor and the name and address of the obligor's new employer, if known.7.

Amounts withheld by the employer or other payor shall be transmitted, in accordance with the notice, within seven business days of the date that such amounts were payable to the obligated party. For purposes of this section, "business day" means a day that state offices are open for regular business. The employer or other payor shall, along with the amounts transmitted, provide the date each amount was withheld from each obligor. If the employer or other payor is withholding amounts for more than one order, the employer or other payor may combine all such withholdings that are payable to the same circuit clerk or the family support payment center and transmit them as one payment, together with a separate list identifying the cases to which they apply. The cases shall be identified by court case number, name of obligor, the obligor's Social Security number, the IV-D case number, if any, the amount withheld for each obligor, and the withholding date or dates for each obligor, to the extent that such information is known to the employer or other payor. An employer or other payor who fails to honor a withholding notice pursuant to this section may be held in contempt of court and is liable to the obligee for the amount that should have been withheld. Compliance by an employer or other payor with the withholding notice operates as a discharge of liability to the obligor as to that portion of the obligor's periodic earnings or other income so affected.8. As used in this section, the term "employer" includes the state and its political subdivisions.9. An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a result of a withholding notice issued pursuant to this section. Any obligor who is aggrieved as a result of a violation of this subsection may bring a civil contempt proceeding against the employer by filing an appropriate motion in the cause of action from which the withholding notice issued. If the court finds that the employer discharged, disciplined, or refused to hire the obligor as a result of the withholding notice, the court may order the employer to reinstate or hire the obligor, or rescind any wrongful disciplinary action. If, after the entry of such an order, the employer refuses without good cause to comply with the court's order, or if the employer fails to comply with the withholding notice, the court may, after notice to the employer and a hearing, impose a fine against the employer, not to exceed five hundred dollars. Proceeds of any such fine shall be distributed by the court to the county general revenue fund.10. A withholding entered pursuant to this section may, upon motion of a party and for good cause shown, be amended by the court. The clerk shall notify the employer of the amendment in the manner provided for in subsection 4 of this section.11. The court, upon the motion of obligor and for good cause shown, may terminate the withholding, except that the withholding shall not be terminated for the sole reason that the obligor has fully paid past due child support and maintenance.12. A withholding effected pursuant to this section shall have priority over any other legal process pursuant to state law against the same wages,

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except that where the other legal process is an order issued pursuant to this section or section 454.505, RSMo, the processes shall run concurrently, up to applicable wage withholding limitations. If concurrently running wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations and includes a wage withholding from another state pursuant to section 454.932, RSMo, the employer shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, delinquencies shall be satisfied using the same pro rata distribution procedure used for distributing current support, up to the applicable limitation. If concurrently running wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations and does not include a wage withholding from another state pursuant to section 454.932, RSMo, the employer shall withhold and pay to the payment center an amount equal to the wage withholding limitations. The payment center shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, arrearages shall be satisfied using the same pro rata distribution procedure used for distributing current support, up to the applicable limitation.13. The remedy provided by this section applies to child support and maintenance orders entered prior to August 13, 1986, notwithstanding the absence of the notice to the obligor provided for in subsection 1 of this section, provided that prior notice from the circuit clerk to the obligor in the manner prescribed in subsection 5 of section 452.345 is given.14. Notwithstanding any provisions of this section to the contrary, in a case in which support rights have been assigned to the state or in which the division of child support enforcement is providing support enforcement services pursuant to section 454.425, RSMo, the director of the division of child support enforcement may amend or terminate a withholding order issued pursuant to this section, as provided in this subsection without further action of the court. The director may amend or terminate a withholding order and issue an administrative withholding order pursuant to section 454.505, RSMo, when the director determines that children for whom the support order applies are no longer entitled to support pursuant to section 452.340, when the support obligation otherwise ends and all arrearages are paid, when the support obligation is modified pursuant to section 454.500, RSMo, or when the

director enters an order that is approved by the court pursuant to section 454.496, RSMo. The director shall notify the employer and the circuit clerk of such amendment or termination. The director's administrative withholding order or withholding termination order shall preempt and supersede any previous judicial withholding order issued pursuant to this or any other section.15. For the purpose of this section, "income" means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation benefits, disability benefits, payments pursuant to a pension or a retirement program and interest.16. If the secretary of the Department of Health and Human Services promulgates a final standard format for an employer income withholding notice, the court shall use or require the use of such notice.

SUPREME COURT RULES

RULE 90. GARNISHMENTS AND SEQUESTRATION RULE 90.01 PROPERTY SUBJECT TO GARNISHMENT In this Rule 90:(a) a "garnishor" is a judgment creditor;(b) a "debtor" is a judgment debtor;(c) a "garnishee" is the person summoned as garnishee in the writ of garnishment or levy;(d) "property subject to garnishment" is all goods, personal property, money, credits, bonds, bills, notes, checks, choses in action, or other effects of debtor and all debts owed to debtor. RULE 90.02 Request for issuance of writ of garnishment The clerk of the court that entered the judgment shall issue a writ of garnishment if the garnishor files a written request stating:(a) that a judgment has been entered against the debtor and remains unsatisfied;(b) the amount of the judgment and the amount remaining unpaid;(c) that the garnishor knows or has good reason to believe that the garnishee is indebted to debtor, that the garnishee is obligated to make periodic payments to debtor, or that the garnishee has control or custody of property belonging to debtor; and(d) the requested return date of the writ, which shall be either 30, 60 or 90 days after the filing of the request for the writ.If a garnishor so requests, the clerk shall issue a writ of garnishment and summons when an attachment or execution is issued.

90.03. Service on Garnishee--Return of Service--Return Date--Service of Subsequent Pleadings and Papers(a) The garnishee shall be served with summons and the writ of garnishment. Service shall be as provided in Rule 54.13. In addition, service may be made upon an employee of the garnishee designated to receive service or upon the paying, disbursing or auditing officer of the garnishee. Return of service shall be made as provided in Rule

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54.20. The return date of the writ of garnishment shall be set forth in the summons.(b) All pleadings and papers subsequent to service of the summons and writ of garnishment shall be served as provided in Rule 43.01.

90.04. Effect of Service of Writ of Garnishment and Summons

The service of the writ of garnishment and summons attaches the property subject to garnishment in the garnishee's possession or charge or under the garnishee's control at the time the writ of garnishment and summons is served and continuing through the return date of the writ.

90.05. Request for Immediate Delivery of

Property to Sheriff--Order of Delivery

(a) When the garnishor requests an order requiring immediate delivery to the sheriff of property subject to garnishment, the garnishor shall file an affidavit stating:(1) the description of the property;(2) facts showing the reason that immediate delivery to the sheriff should be made; and(3) the garnishor is in danger of losing the property unless immediate delivery to the sheriff is made.(b) If the court finds that the facts stated in the affidavit show that the property subject to garnishment should be delivered to the sheriff, the court shall make an order that the garnishee so deliver the property.

90.06. Delivery Bond of Garnishee--Form of--Effect of Filing--Insufficient Bond—Hearing If the court enters an order requiring immediate delivery of property as provided in Rule 90.05:(a) The garnishee may file, either before or after delivery of the property to the sheriff, a sufficient delivery bond to the garnishor, approved by the court and executed by the garnishee as principal and one or more sufficient sureties, to the effect that the property shall be forthcoming as the court may direct.(b) If the court finds that a delivery bond is not sufficient, it may order the garnishee to furnish a new bond or to immediately deliver the property to the sheriff. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property subject to garnishment be delivered to the sheriff.(c) As an alternative to filing a delivery bond, the garnishee may file a written request for a hearing to determine whether the property should be immediately delivered to the sheriff. The hearing shall be held within ten days after the filing of the request.

90.07. Interrogatories to Garnishee--

Answers to Interrogatories-- Exceptions--Response (a) Interrogatories--Time for Filing--Service.

Prior to the issuance of the summons and writ of garnishment, the garnishor shall file written interrogatories asking the garnishee to:(1) list and describe the property subject to garnishment in the possession, charge or control of the garnishee, and(2) state the name and last known address of any person, other than debtor, whom the garnishee knows claims or may claim an interest in or to the property subject to garnishment.The interrogatories shall be served simultaneously with the summons and writ of garnishment.(b) Answer to Interrogatories--Time for Filing. The garnishee shall file and serve verified answers to the interrogatories within ten days after the return date of the writ.(c) Exceptions to Answers to Interrogatories--Time for Filing. The garnishor, within ten days after service of the garnishee's answers to interrogatories, shall file any exceptions to the interrogatory answers asserting any objections to the answers and asserting all grounds upon which recovery is sought against the garnishee. The garnishee's answers to interrogatories are conclusively binding against the garnishor if the garnishor does not timely file exceptions to the interrogatory answers.(d) Response to Exceptions--Time for Filing. Within ten days after service of the exceptions, the garnishee may file a response thereto.

90.08. Court Order to Answer InterrogatoriesIf the garnishee fails to answer or improperly answers interrogatories, the court shall, upon motion, order the garnishee to answer or properly answer the interrogatories. Failure of the garnishee to comply with such an order may, upon motion of the garnishor or the court, subject the garnishee to a finding that the garnishee is in default, and the garnishor may take judgment by default against the garnishee.When a garnishee files interrogatory answers after having been so ordered by the court, the garnishor shall be allowed to file exceptions to such answers in the same manner as provided by Rule 90.07(c).

90.09. Claims of Third Parties--Notice--Intervention (a) Notice to Third Parties. If the garnishee's answers to interrogatories disclose that any person other than the debtor and the garnishor claims an interest in all or part of the property subject to garnishment, then the garnishor shall attempt to notify such person of the pendency of the garnishment proceeding and of the right to intervene therein within the time allowed in Rule 90.09(b). Such notification shall be served by mailing the notice by registered or certified mail, requesting a return receipt signed by the addressee only, to the last known address, if any, of each such person disclosed in the garnishee's answers to interrogatories within ten

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days after service of the garnishee's answers to interrogatories.(b) Intervention. Any person who claims an interest in the property subject to garnishment may intervene pursuant to Rule 52.12. Persons notified of the garnishment proceeding as provided in Rule 90.09(a) shall move to intervene within fifteen days after receiving the notice.

Rule 90.10 Discharge of Garnishee�Judgment in garnishment (a) If the garnishee admits in its answers to interrogatories that any property subject to garnishment is in the garnishee's possession, the garnishee, without further order of the court, shall pay or deliver such property into court no later than ten days after the return date of the writ of garnishment or levy. Timely payment or delivery of such property into court thereby discharges the garnishee from further liability on account of the property subject to garnishment so paid or delivered.(b) If the garnishor files exceptions to the garnishee's answers to interrogatories or if a third party has intervened as provided by Rule 90.09, the court or jury shall determine all controverted issues raised by garnishor's exceptions to the garnishee's answers to interrogatories, the garnishee's response thereto, and any claim asserted by a third party who has intervened. The court shall enter judgment in accordance with the findings of the court or jury and shall order that any property not previously delivered to the officer or the court be delivered to the officer or paid into court within such time as the court shall direct. If the property is not delivered to the officer or paid into court within such time, the court may enter judgment against the garnishee for the value of the property.

Rule 90.11 Disbursement When a trial of issues under Rule 90.10(b) is not required, property paid or delivered into court under Rule 90.10(a) shall be disbursed to the garnishor by the clerk, less costs, within ten days and without order of the court if the garnishee has not requested an allowance under Rule 90.12(a). If the garnishee has requested an allowance under Rule 90.12(a), the property paid or delivered into the court, less costs and allowances, shall be disbursed to the garnishor by the clerk within ten days after the court has determined the allowance to be awarded the garnishee.The clerk shall not disburse property paid or delivered into court without order of the court when a trial is required by Rule 90.10(b).

RULE 90.12 COSTS AND ALLOWANCES (a) Allowance to Garnishee if Interrogatory

Answers are Not Excepted to or Denied. If by interrogatory answers, not excepted to or denied, it appears that the garnishee has property subject to garnishment, the court, upon motion by the garnishee, shall allow the garnishee a reasonable amount for the trouble and expense of answering, including attorney's fees, to be paid out of the property subject to garnishment. The garnishee shall file a motion for such an allowance on or before the date the garnishee pays or delivers the property subject to garnishment into court.(b) Allowance to Garnishee if Garnishor Does Not Recover Judgment Against Garnishee. If the garnishor files exceptions to the garnishee's interrogatory answers but does not obtain a judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnishor. The court in such a case shall render judgment in favor of the garnishee and against the garnishor for an amount sufficient to indemnify the garnishee for time and expenses, including attorney's fees.(c) Allowance to Garnishee in Appellate Court. A garnishee claiming an allowance in an appellate court shall do so pursuant to Rule 84.21.

RULE 90.13 EXECUTION AGAINST GARNISHEE

When judgment is rendered against any garnishee, the execution shall be such as is allowed by law on a general judgment. RULE 90.14 GARNISHMENT OF WAGES IN AID OF ATTACHMENT (a)Personal Service on Defendant Required-Exception. No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant unless the suit is brought:(1) in the county where the defendant resides; or(2) in the county where the debt is contracted and the cause of action arose or accrued; or(3) in cities with over one hundred thousand inhabitants, in the city where the defendant resides or the debt is contracted and the cause of action arose or accrued.(b) Contents of Petition and Writ. The petition or statement filed in the cause and the writ of attachment shall state the place where the defendant resides and the place where the debt is contracted and the cause of action arose or accrued.(c) Wages Earned Out of State--When Exempt. Wages earned out of this state and payable out of this state are exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process. RULE 90.15 GARNISHMENT OF WAGES�NOTICE OF WAGE EXEMPTION STATUTE REQUIRED

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No notice, summons, writ of garnishment, or sequestration of wages issued or served under .sections 525.010 to 525.310, RSMo, shall attach or purport to attach any wages in excess of the amounts prescribed in subsection 2 of section 525.030, and each such notice, summons, or writ shall have clearly and legibly reproduced thereon the provisions of subsections 2, 5 and 6 of section 525.030

RULE 90.16 COMPENSATION OF STATE AND MUNICIPAL EMPLOYEES SUBJECT TO WRIT OF SEQUESTRATION (a) Writ of Sequestration--Application for Issuance. When an execution is requested on a judgment rendered against an officer, appointee, or employee of the state of Missouri or any municipal corporation or other political subdivision of the state, the clerk shall issue a writ of execution, which shall constitute and serve as a writ of sequestration. The writ shall be directed to the sheriff or other officer authorized to execute writs in the county in which the paying, disbursing, or auditing officer may be found with instructions to the sheriff or executing officer to take into possession any and all moneys, checks, drafts, warrants, vouchers, or other evidence of indebtedness for salary, wages, fees, or earnings for services rendered by the judgment debtor then due and payable, and which shall thereafter become due and payable, from the date of the writ to the return day thereof. The sheriff or other officer to whom the writ is directed shall serve a true copy thereof upon the paying, disbursing, or auditing officer named therein, which shall have the effect of attaching in the sheriff's or officer's hands any and all moneys, checks, drafts, warrants, vouchers, or other evidences of indebtedness then due and payable, and which shall thereafter become due and payable, from the state or such municipal corporation or other political subdivision of the state to the judgment debtor from and after the date of the service of the writ to the return day thereof.(b) Duties of Officers--Fees--Exemptions. The officer serving the writ shall endorse thereon the day and date the same was received, shall take into possession, as the same shall become due to the judgment debtor, such moneys, checks, drafts, warrants, vouchers, of other evidences of indebtedness, and shall issue a receipt to the paying, disbursing, or auditing officer therefor, and shall endorse, in the name of the judgment debtor, any and all such checks, drafts, warrants, vouchers, or other evidences of indebtedness delivered under the writ. The proceeds thereof less any amount exempt to the judgment debtor under the exemption statutes of this state, or so much thereof as shall be necessary therefor, shall be applied to the

payment of the judgment debt, interest, and costs in the same manner as in the case of garnishment under execution. The sheriff or other officer serving the writ shall make a return to the writ showing the manner of serving it. The sheriff or officer shall be allowed the same fees therefor as provided for levy of execution. The writ shall be returnable in the same manner as the execution issued out of the court in which the judgment was rendered.Nothing herein shall deprive the judgment debtor of any exemptions permitted under the exemption laws of this state, and the exemptions may be claimed to the sheriff or other officer serving the writ at any time on or before the return date of the writ in the manner provided under the exemption laws of this state. It shall be the duty of the sheriff or other officer serving the writ, at the time of the service thereof, to apprise the judgment debtor of the debtor's exemption rights, either in person or by registered or certified mail directed to the judgment debtor at the last known address.(c) Other Procedures in Rule 90 Applicable. The procedure in this Rule 90 for determining liability on garnishments shall be applicable in the determination of liability on sequestrations.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 428. FRAUDULENT CONVEYANCES UNIFORM FRAUDULENT TRANSFER ACT 428.005. Short title Sections 428.005 to 428.059 may be cited as the "Uniform Fraudulent Transfer Act". 428.009. Definitions As used in sections 428.005 to 428.059, the following terms mean: (1) "Affiliate": (a) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities, (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (b) A corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the

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debtor or a person who directly or indirectly owns, controls, or holds, with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities, (i) As fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (d) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. (2) "Asset", property of a debtor, but the term does not include: (a) Property to the extent it is encumbered by a valid lien; (b) Property to the extent it is generally exempt under nonbankruptcy law; or (c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. (3) "Claim", a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (4) "Creditor", a person who has a claim. (5) "Debt", liability on a claim. (6) "Debtor", a person who is liable on a claim. (7) "Insider" includes: (a) If the debtor is an individual,

a. A relative of the debtor or of a general partner of the debtor; b. A partnership in which the debtor is a general partner; c. A general partner in a partnership described in subparagraph b; or d. A corporation of which the debtor is a director, officer, or person in control;

(b) If the debtor is a corporation, a. A director of the debtor b. An officer of the debtor; c. A person in control of the debtor;

d. A partnership in which the debtor is a general partner; e. A general partner in a partnership described in subparagraph d; or f. A relative of a general partner, director, officer, or person in control of the debtor;

(c) If the debtor is a partnership, a. A general partner in the debtor; b. A relative of a general partner in, a general partner of, or a person in control of the debtor; c. Another partnership in which the

debtor is a general partner; d. A general partner in a partnership described in subparagraph c; or e. A person in control of the debtor;

(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (e) A managing agent of the debtor. (8) "Lien", a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. (9) "Person", an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. (10) "Property", anything that may be the subject of ownership. (11) "Relative", an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. (12) "Transfer", every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. (13) "Valid lien", a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. 428.014. Insolvency 1. A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. 2. A debtor who is generally not paying his debts as they become due is presumed to be insolvent. 3. A partnership is insolvent under subsection 1 of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts. 4. Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under sections 428.005 to 428.059. 5. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. 428.019. Value

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1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. 2. For the purposes of subdivision (2) of subsection 1 of section 428.024 and section 428.029, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. 3. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

428.024. Transfers fraudulent as to present and future creditors 1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (a) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (b) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due. 2. In determining actual intent under subdivision (1) of subsection 1 of this section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. 428.029. Transfers fraudulent as to present creditors 1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. 2. A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. 428.034. When transfer is made or obligation is incurred For the purposes of sections 428.005 to 428.059: (1) A transfer is made: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under sections 428.005 to 428.059 that is superior to the interest of the transferee; (2) If applicable law permits the transfer to be perfected as provided in subdivision (1) of this section and the transfer is not so perfected before the commencement of an action for relief under sections 428.005 to 428.059, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in subdivision (1) of this section, the transfer is made when it becomes effective

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between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; (5) An obligation is incurred: (a) If oral, when it becomes effective between the parties; or (b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. 428.039. Remedies of creditors 1. In an action for relief against a transfer or obligation under sections 428.005 to 428.059, a creditor, subject to the limitations in section 428.044 may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by applicable laws of this state; (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, (a) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (c) Any other relief the circumstances may require. 2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. 428.044. Defenses, liability, and protection of transferee 1. A transfer or obligation is not voidable under subdivision (1) of subsection 1 of section 428.024 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. 2. Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection 1 of section 428.039, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of this section or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (1) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a good-faith transferee who took for value or from any subsequent transferee. 3. If the judgment under subsection 2 of this section

is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. 4. Notwithstanding voidability of a transfer or an obligation under sections 428.005 to 428.059, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. 5. A transfer is not voidable under subdivision (2) of subsection 1 of section 428.024 or section 428.029 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with sections 400.9-101 to 400.9-507, RSMo. 6. A transfer is not voidable under subsection 2 of section 428.029: (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. 428.049. Extinguishment of claim for relief or cause of action A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.005 to 428.059 is extinguished unless action is brought: (1) Under subdivision (1) of subsection 1 of section 428.024, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under subdivision (2) of subsection 1 of section 428.024 or subsection 1 of section 428.029, within four years after the transfer was made or the obligation was incurred; or (3) Under subsection 2 of section 428.029, within one year after the transfer was made or the obligation was incurred. 428.054. Supplementary provisions Unless displaced by the provisions of sections 428.005 to 428.059, the principles of law and equity, including the law merchant and the law relating to

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principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

428.059. Uniformity of applications and construction Sections 428.005 to 428.059 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of sections 428.005 to 428.059 among states enacting it.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 513. EXECUTIONS AND EXEMPTIONS EXEMPTIONS 513.425. No exemptions allowed party leaving state 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. 513.427. Bankruptcy, exemptions allowed 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). 513.430. Property exempt from attachment--benefits from certain employee plans, exception--bankruptcy proceeding, fraudulent transfers, exception 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 one thousand dollars in value in the aggregate;(2) 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 four hundred dollars in the aggregate;(4) Any implements, professional books or tools of the trade of such person or the trade of a dependent of such person not to exceed two thousand dollars in value in the aggregate;(5) Any motor vehicle, not to exceed one thousand dollars in value;(6) Any mobile home used as the principal residence, not to exceed one 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 five hundred 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

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service; andc. 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. 513.436. Exemption limited by lien

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.

513.440. Other property exempt--provisions--exceptions 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 eight hundred fifty dollars plus two hundred fifty dollars for each of such person's unmarried dependent children under the age of eighteen years, except ten percent of any debt, income, salary or wages due such head of a family. 513.445. Officer shall apprise party of right to select, notice, contents--claims for exemption, how made, when--selection how made--oath administered--court review of exemption claim, when, notice 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 U.S. 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

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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. 513.455. County or municipally owned property exempt, when 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. 513.460. Fire fighting equipment exempt, when 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.

513.465. No property exempt from sale for taxes 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. 513.470. No property exemption for personal services, by whom--provisions 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.

513.475. Homestead defined--exempt from execution--spouses debarred from selling, when 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 eight

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. 513.480. If value exceeds limitation, owner may designate--proceedings 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. 513.485. Proceedings where encumbered by mortgage 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.

513.490. Personal property attached claimed as product of homestead, proceedings Whenever the personal property of any person shall be attached or taken in execution against such person, and

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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. 513.510. Subject to execution upon certain causes of action 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. 513.515. If another homestead is acquired prior homestead is liable for debt 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. 513.520. Homestead set out from other real estate--proceedings--duty of commissioners 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.

513.525. If homestead cannot be occupied in severalty court may grant relief 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. 513.530. Court may control investment of proceeds 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.

VERNON'S ANNOTATED

MISSOURI STATUTES CHAPTER 521. ATTACHMENTS 521.010. Attachment, when issued -- parties to--causes for 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;

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(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.

521.020. Attachments on demands not due--exceptions 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.

521.030. The affidavit 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. 521.040. Issuance on demands less than fifty dollars 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. 521.050. Suits by attachment-- affidavit and bond--exceptions 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. 521.060. Form of affidavit, by whom made 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. Affidavits for attachment before justices of the peace may be in the following form: John Doe ) vs. ) Before O.K., Justice Richard Roe. ) of the peace.

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Before O.K., justice of the peace. State of Missouri, ) ) ss. County of _____. ) This day personally appeared before me, O.K., a justice of the peace within and for the county of _____, aforesaid, _____, and says that the plaintiff, John Doe, has a just demand against Richard Roe, the defendant; and that the amount which the affiant believes plaintiff ought to recover, after allowing all just credits and set-offs, is _____ dollars _____ cents, now due (or if not due, state when the same will be due), and that he has good reasons to believe, and does believe, that the defendant (here state some one or more of the causes which authorize an attachment). John Doe, Plaintiff. Subscribed and sworn to this _____ day of _____, 19__.

521.070. Bond, by whom executed -- conditions 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. "The attachment bond may be in the form or to the effect following: "John Doe ) Bond in attachment suit, vs. ) before O.K., justice Richard Roe. ) of the peace. "We, _____ as principal, and _____, as security, owe and stand indebted to the state of Missouri in the sum of _____ dollars (a sum at least double the amount sworn to in the affidavit), upon this condition: That the plaintiff in the above entitled cause (John Doe) shall prosecute his action without delay and with effect; refund all sums of money that may be adjudged to be refunded to the defendant (Richard Roe), 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 attachment or any process or proceeding in the suit, or by reason of any judgment or process thereon. "J.D. "B.F. "S.R. "Approved this ___ day of _____, 19__."

521.080. Bond, by whom approved -- attachment not to issue until 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. 521.090. New bond, when required -- notice 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. 521.100. Suit dismissed for failure to give new bond 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. 521.110. Who may sue on bond--damages, how assessed 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. 521.120. Suit on bond, setoff pleaded by obligor--costs, how adjudged In any suit on such bond, any obligor may avail himself

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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.

521.130. Attachment, how issued after suit is commenced 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.

521.140. Form of original writs, to whom directed--contents 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. "The writ of attachment shall be in the form or to the effect following: "The state of Missouri to the constable of the township of _____, in the county of _____, greeting: You are hereby commanded to attach C.D. by all and singular his goods, chattels, moneys, effects and credits, or so much thereof as shall be sufficient to satisfy the sum of _____ dollars (the sum sworn to), with interest and costs of suit, in whose hands or possession the same may be found, in your county, so that he be and appear before me, E.F., a justice of the peace within and for the said township and county, at my office in said township, on the ___ day of _____, 19__, to answer the complaint of A.B., and that you summon the said C.D. to appear before me, the said justice, at the time and place aforesaid to answer the action of the plaintiff; and also that you summon, as garnishees, all such persons found in your county as may be directed by the plaintiff or his agent to appear before the said justice at the time and place aforesaid, to answer such interrogatories as the justice may propound; and have you then and there this writ. "Witness my hand, this ___ day of _____, 19__."

521.150. Original writs, how issued and returned

Original writs of attachment shall be issued and returned in like time and manner as ordinary writs of summons. 521.160. Separate writs may issue to different counties, when 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. 521.170. Manner of serving writ 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

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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.

521.180. Return of writ 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.

521.190. Officer liable for insufficient bond--motion for new bonds, when made 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. 521.200. Additional writs may issue, when 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. 521.210. Such writs, how entitled 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. 521.220. Form of writ 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.

521.230. How issued, served and returned 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.

521.240. Property subject to attachment 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. 521.250. Shares of stock subject to attachment 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. 521.260. Attached property retained by defendant before judgment or sale--bond, conditions 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. 521.270. Sale of perishable property--when and by whom ordered, how made 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. 521.280. Order of sale, to whom delivered, return--disposition of proceeds The order of sale, when made in vacation, shall be delivered to the clerk of the court and filed in the cause;

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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.

521.290. Compensation of officer 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. 521.300. Receiver appointed, by whom--oath and bond required--who may sue on bond 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.

521.310. Receivers, duties of--notes not taken by delivery bond--may sue--defenses not impaired 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. 521.320. Receiver to give notice to debtor, how--effect 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. 521.330. Receiver, report, money retained, how--compensation 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.

521.340. Sheriff to act as receiver, when--his rights, duties and liabilities 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.

521.350. Practice in civil cases to govern in

absence of special rules 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. 521.360. Personal service or appearance, effect of--property of defendant, how affected by judgment and execution 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.

521.370. Proceedings where defendant is personally served or appears When the defendant is summoned to appear, or shall appear voluntarily, the like proceedings shall be had

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between him and the plaintiff as in ordinary actions commenced by summons, and a general judgment may be rendered for or against the defendant. 521.380. Proceedings upon constructive service--judgment not to exceed amount sworn to 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.

521.390. Judgment upon constructive service, effect of 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.

521.400. Proceedings where property of

one of several defendants is attached not delayed, when 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. 521.410. Issues raised by motion to dissolve 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.

521.420. Motion to dissolve attachment, evidence--burden of proof--appeal bond--liability of sureties 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. 521.430. Proceedings in case of defendant's death 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. 521.440. Powers of the attorney under

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section 521.430 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. 521.450. No execution to issue on judgment, when--property sold, how 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.

521.460. Court or judge not to order sale of property after death of defendant--how sold 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. 521.470. Defendant may plead to merits, when 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. 521.480. Attachments, how dissolved--affidavit may be amended 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.

521.490. Effect of dissolution

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. 521.500. Controversies between plaintiffs, how and where adjudicated 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. 521.510. Attaching creditor may maintain action to set aside fraudulent conveyance 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

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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. 521.520. Persons claiming attached property may interplead--affidavit--trial without delay 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. 521.530. Costs adjudged as in other actions In all cases of interpleader, costs may be adjudged for or against either party, as in ordinary actions. 521.540. When creditors may defend 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.

521.550. Judgments on constructive service bind only property attached 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. 521.560. Executions, how awarded 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.

521.570. When execution returned

unsatisfied, bonds to be assigned--judgment rendered on motion--damages 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.

521.580. Notice to obligors in bond 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. 521.590. Proceedings to avoid judgments on constructive notice--when defendant has two years to plead 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. 521.600. Proceedings to avoid debt 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.

521.610. If cause of action be denied under

oath, plaintiff must prove 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

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debt and damages, or damages, are disproved and avoided. 521.620. If not verified or collateral avoidance pleaded, effect of--judgment 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. 521.630. When plaintiff shall answer 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. 521.640. Proceedings when setoff is pleaded 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.

521.650. Issues tried as in ordinary actions--costs adjudged, how 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.

521.660. Provisions relative to attachment

to apply to proceedings before circuit and associate circuit judges 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.

521.740. Bond and affidavit filed before circuit clerk issues writ of attachment 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.

SUPREME COURT RULES

RULE 85. ATTACHMENTS RULE 85.01 DEFINITIONS As used in this Rule 85 "claimant" means the party seeking the attachment, "owner" means the party against whose property the attachment is sought, and "nonowner" means a nonowner from whose possession the property is taken.

RULE 85.02 AVAILABILITY OF ATTACHMENT After the commencement of a civil action a party who presents therein a claim by petition, counterclaim, cross-claim or third-party petition may obtain a writ of attachment upon compliance with this Rule 85. RULE 85.03 AFFIDAVIT TO OBTAIN WRIT OF ATTACHMENT When a party requests a writ of attachment an affidavit shall be filed stating: (a) The nature and amount of the claim; and (b) Facts showing the existence of one or more of the grounds for attachment set forth in Section 521.010, RSMo.

RULE 85.04 ISSUANCE OF WRIT OF ATTACHMENT If the court finds that the facts stated in the affidavit show that the writ of attachment should issue, the writ shall be issued upon compliance with Rule 85.08.

RULE 85.05 FORM OF WRIT OF

ATTACHMENT A writ of attachment shall be in the following form: The State of Missouri to any sheriff of any county in the State of Missouri. Whereas, AB has on the ..... day of .........., 19..., obtained a writ of attachment against CD, you are commanded to execute this writ by attaching the property of CD or as much thereof as will be sufficient to satisfy the sum $........., with interest and costs and on the ..... day of .........., 19..., certify to this court how you executed this writ. .................... EF Clerk.

RULE 85.06 HOW DIRECTED AND

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EXECUTED Writs of attachment shall be directed to "any sheriff in the State of Missouri" and may be executed in any county by the sheriff of that county. More than one writ of attachment may be outstanding at the same time. RULE 85.07 SERVICE OF WRIT AND NOTICE When a writ of attachment is issued the writ of attachment, together with a written notice, shall be served on the owner of the property and a written notice, with a copy of the writ of attachment, shall be served on a nonowner in possession at the time of levy. The written notice shall advise them of the right to file a bond pursuant to Rules 85.09 and 85.10, and of the owner's right to request a hearing to determine the propriety of the issuance of the writ. Service of the writ and notice may be made as provided in Rule 54.

RULE 85.08 CLAIMANT TO FURNISH BOND--EXCEPTION--CONDITIONS OF BOND (a) Claimant to Furnish Bond. The claimant shall file a sufficient bond, approved by the court, executed by the claimant as principal and one or more sufficient sureties to the effect that they are bound to the State of Missouri in an amount set by the court but not exceeding double the amount claimed. (b) Conditions of Bond. The conditions of the bond shall be that the claimant shall: (1) Prosecute his claim without delay and with effect; (2) Refund all sums of money that may be adjudged to be refunded to the owner of the property or found to have been received by the claimant and not justly due to him; (3) Pay all damages and costs that may accrue to the owner of the property, any garnishee or interpleader by reason of the attachment, or any process or proceeding in the action, or by reason of any judgment or process thereon; and (4) 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 claimant. (c) When No Bond Required. If the State or a county is a claimant in its own behalf no bond shall be required. RULE 85.09 OWNER OF PROPERTY MAY POST BOND--CONDITION OF BOND The owner of the property attached may retain or regain possession of the property by filing a sufficient bond approved by the court, executed by the owner of the property as principal and one or more sufficient sureties, to the claimant in an amount equal to the value of the property, or the amount of the claim and costs, whichever is less. The condition of the bond shall be

that the principal shall pay to the claimant the amount which shall be adjudged in favor of the claimant or the amount of the bond, whichever is less. RULE 85.10 NONOWNER OF PROPERTY MAY POST BOND--WHEN-- CONDITION OF BOND When the property attached is in the possession of a person who is not the owner that person may retain or regain possession thereof at any time by giving a sufficient bond, approved by the court, executed by such person as principal and one or more sufficient sureties to the effect that they are bound to the State of Missouri in an amount equal to the value of the property, or the amount of the claim and costs, whichever is less. The condition of the bond shall be that the property shall be forthcoming as the court shall direct.

RULE 85.11 INADEQUATE BOND If a court finds that any bond is not sufficient, it may order that a new bond be furnished. RULE 85.12 QUALIFICATION OF SURETIES Each surety on a bond must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be a sufficient surety for the amount for which the bond is given. RULE 85.13 HEARING ON PROPRIETY OF ATTACHMENT The owner of the property attached may file a written request for a hearing to determine whether the attachment should be dissolved. The hearing shall be held within ten days after the filing of the request.

RULE 85.14 DISSOLUTION OF ATTACHMENT (a) Motion. Attachments may be dissolved on motion made by the owner of the property at any time before final judgment. (b) Burden of Proof. The claimant shall have the burden of proving that the attachment was properly granted. (c) When Attachment Dissolved. An attachment shall be dissolved at any time before final judgment when the court finds: (1) The bond provided for in Rule 85.08 is inadequate and the claimant fails to file a sufficient bond, approved by the court, within such time as the court directs; (2) The affidavit is insufficient and the claimant fails to file a sufficient affidavit, approved by the court, within such time as the court directs; (3) The owner of the property has entered his appearance in the action and bond provided for in Rule

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85.09 has been filed and approved; or (4) For any other reason the writ of attachment should not have been issued. RULE 85.15 CONTENTS OF JUDGMENT The final judgment shall include any findings which the court has made on any motion to dissolve the attachment. RULE 85.16 POST-TRIAL PROCEDURE--APPEAL Post-trial procedure and the procedure on appeal shall be the same in actions in which an attachment has been issued as in other civil actions.

RULE 85.17 BONDS CONTINUE--WHEN Any bond in force in the attachment proceedings shall continue in force until the judgment is final in the trial court. If there is an appeal, any bond in force in the attachment proceedings shall continue in force until determination of the civil action.

RULE 85.18 MULTIPLE ATTACHMENTS --

PRIORITIES--HOW AND WHERE RESOLVED When the same property is attached in several actions by different claimants, the court shall determine the priority, validity, good faith, and force and effect of the different attachments, and may dissolve any attachment, wholly or partially, or make such other order as may be required. If the writs have issued from different courts, all matters relating to the attachments shall be determined by the court out of which the first writ of attachment was issued. Issues other than matters relating to the attachments shall remain in the court in which each case is pending. RULE 85.19 MULTIPLE ATTACHMENTS -- ISSUES--WHO MAY RAISE When the same property is attached by different claimants, the claimants may challenge any other attachment or make any defense to the underlying claim which the owner of the property could make. RULE 85.20 WHO MAY INTERVENE A person claiming an interest in property which has been attached may intervene in the attachment proceedings. RULE 85.21 MANNER OF ATTACHING PROPERTY Property may be seized by attachment in the same manner as it may be levied upon pursuant to Rule 76.

RULE 85.22 RECEIVER--WHEN APPOINTED When property is seized on attachment the court may appoint a receiver pursuant to Rule 68.02, who may be the sheriff, or some other person or corporation.

RULE 85.23 PREJUDGMENT SALE OF PERSONAL PROPERTY The court may order the sale of attached personal property if it finds: (a) The property is likely to perish; (b) The property is likely to depreciate in value to a considerable extent; or (c) Keeping the property will cause undue expense. The order may be made only after reasonable notice if the giving of notice is practicable. A sale of personal property shall be made as provided in Rule 76.13.

RULE 85.24 WHO MAY SUE ON BOND When there is a breach of the conditions of a bond given under this Rule 85 which is payable to the State of Missouri, an action may be brought on the bond in the name of the State of Missouri at the instance of any person injured. VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 527. LIS PENDENS 527.260. Notice of lis pendens in equity action--recording In any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate, the plaintiff shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a written notice of the pendency of the suit, stating the names of the parties, the style of the action and the term of the court to which such suit is brought, and a description of the real estate liable to be affected thereby; and the pendency of such suit shall be constructive notice to purchasers or encumbrancers, only from the time of filing such notice. The recorder shall note the time of receiving such notice, and shall record and index the same in like manner as deeds of real estate are required to be recorded and indexed.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 533. REPLEVIN 533.010. Action to recover specific personal property, procedure

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If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing: (1) That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof; (2) That it is wrongfully detained by the defendant; (3) The actual value thereof; (4) That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and (5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured. 533.020. Order of delivery Upon filing such affidavit, the court, or judge or clerk in vacation, shall make an order requiring the defendant to deliver the property specified in the affidavit to the sheriff, and requiring the sheriff, if the same be not delivered to him, to take it from the defendant and deliver it to the plaintiff. 533.030. Plaintiff to deliver bond before property can be taken--types of bonds authorized, requirements 1. The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sheriff, to the effect that they are bound to the defendant in double the value of the property stated in the affidavit, for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for the taking and detention thereof, and for all costs which may accrue in the action. 2. A financial institution or any person, firm or corporation may pledge United States government and agency securities which are bearer bonds or bearer securities as a replevin bond required by this chapter. The securities so pledged shall not be subject to any other charge or lien and shall be separately segregated in another depository institution that is authorized to hold securities for safekeeping. 3. The court and sheriff, having jurisdiction as provided for in this chapter, shall accept affidavits as a bond, in the following form: (1) The style of the case by cause number; (2) The dollar amount of the bond; (3) The depository institution that will hold the securities as required by subsections 2 and 3 of this section and include an affidavit from such depository

institution showing receipt of the securities and compliance with this requirement; and (4) A statement that the financial institution or any person, firm or corporation will prosecute the action without delay. In the event of delay, section 533.110 shall control. 4. A financial institution or any person, firm or corporation filing a replevin bond and affidavit as required by subsection 2 shall: (1) Return the property, if the return shall be required by a court judgment, and in default of such delivery pay, if required by court order: the assessed value of the property, all damages for the taking and detention thereof, and/or all costs that may accrue in this action; and (2) A final decision of the court dismissing this case or payment of expense as provided for in section 533.120 shall render this bond and affidavit void and otherwise unenforceable.

533.040. Sheriff to take and deliver property to plaintiff unless bond given Upon such bond being executed as aforesaid, the sheriff shall receive the property, or, if the same be not delivered, shall take the property and deliver it to the plaintiff, unless, before such delivery to the plaintiff, the defendant shall, with two or more sufficient sureties to be approved by the sheriff, execute a bond to the plaintiff, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff, for the delivery of said property to the plaintiff, if such delivery be adjudged and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for injuries to the property, and for the taking and detention or detention thereof, and all costs which may accrue in the action.

533.050. Qualifications of sureties Each of the sureties in such bonds must be a resident and householder or freeholder within the state; they must be worth the amount for which the bond is given, exclusive of property exempt from execution, and after paying all debts. 533.060. Defendant not entitled to retain property, when If the plaintiff shall state in the affidavit made by him, as provided by section 533.010, that the property was wrongfully taken, and that his right of action accrued within one year, the defendant shall not be entitled to retain such property by giving bond, as provided by section 533.040, but the same shall be delivered to the plaintiff upon his giving the bond required. 533.070. Bonds taken by sheriff, filed with clerk, when

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All bonds taken by the officer in virtue of the provisions of sections 533.010 to 533.230, relating to the claim and delivery of personal property, shall be filed with the clerk on or before the first day of the term of court next after the same are taken. 533.080. Plaintiff--new bond ordered by court, when--failure to comply with order--procedure If the court should, at any time before trial, be satisfied that the bond of the plaintiff shall not be good and sufficient, an order shall be made that the plaintiff give a new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such order, the court shall make a further order that the sheriff or other proper officer retake the property and deliver it to the defendant, and that the plaintiff deliver the same to the officer therefor, and that the cause be dismissed at the costs of the plaintiff and his sureties in the bond. 533.090. Defendant--new bond ordered by court, when--failure to comply with order--procedure If the court should in like time be satisfied that the bond of the defendant shall not be good and sufficient, a like order shall be made that the defendant give a new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such order the court shall make a further order that the proper officer retake the property and deliver it to the plaintiff, and that the defendant deliver the same to the officer therefor, and that the answer or other pleadings, if any, of defendant be stricken out, and render such judgment for the plaintiff as the court may by law render against the defendant and his sureties. 533.100. When order in sections 533.080 and 533.090 is made, duty of clerk When any such order shall be made as provided for in sections 533.080 and 533.090, the clerk shall, without delay, deliver to the proper officer an order for the retaking and delivery of such property to the proper party, and for the delivery thereof to him therefor by the party having it; which shall be directed and executed in like manner as an order for the taking and delivery of property to the plaintiff in the first instance, and shall be served on the party having the property, as other orders. 533.110. Plaintiff--failure to prosecute his suit after obtaining property--value of property--assessment If the plaintiff fail to prosecute his action with effect and

without delay, and shall have the property in his possession, and the defendant in his answer claims the same and demands a return thereof, the court or a jury may assess the value of the property taken, and the damages for taking and detaining the same for the time such property was taken or detained from defendant until the day of the trial of the cause. 533.120. Judgment rendered against plaintiff and his sureties, when In such case, the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, at the election of the defendant, and, also, pay the damages assessed for the taking and detention of the property and costs of suit.

533.130. If plaintiff have not property, assessment of damages If the plaintiff have not the property in possession, damages shall be assessed as directed in section 533.110, for the taking or detention, or both, as the case may be, of the property; and judgment shall be rendered against the plaintiff and his sureties for the damages, if any, and for costs of suit.

533.140. If the defendant fails in his defense--assessment of damages If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and detention, or detention, of the same, and the judgment shall be against the defendant and his sureties, that he return the property or pay the value so assessed, at the election of the plaintiff, and, also, pay the damages so assessed and costs of suit. If the defendant have not the property in possession, the court or jury shall assess the damages, and the judgment shall be against the defendant and his sureties, for the damages so assessed, and costs of suit; and in all cases the property shall be presumed to be with the party who should have it, until the contrary be shown. 533.150. Party to elect, when A party shall not be required to make such election until the property is delivered to the sheriff, on the proper process, and the party have notice thereof. 533.160. Duty of officer if property not delivered in ten days If such property be not delivered to the officer within ten days after process issued, he shall levy and make the assessed value thereof, the damages and costs, of the property of the party against whom the process issued.

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533.170. Title of property vested, when In such case, the party's right to the property shall not be impaired by levying the assessed value thereof on the property of the other party and his sureties, or either of them; but if the property be delivered to the sheriff, and the party elect to take the value assessed, such election shall operate to vest all his right to the property in the other party. 533.180. Enforcement of orders The court may enforce all orders for the delivery of property as other orders of court are enforced. 533.190. Suit on bond, how and by whom brought If in any case it shall become necessary to sue upon any bond given in virtue of sections 533.010 to 533.230, the same may be done by civil action against the obligors, jointly or severally, in the name of the party to whom the bond was given. 533.200. Right of action against sheriff barred, when After the due execution of any bond taken in virtue hereof, the parties to the action shall be barred of any right of action against the sheriff, or other officer, for the seizure and delivery of such property. 533.210. Court to allow charges for taking and delivering property The court shall allow the proper officer reasonable charges for the taking and delivery of property, as provided herein.

533.220. Sheriff and sureties liable, when If the sheriff, or other officer, fail to take or return a bond, as required by law, or if the bond taken is adjudged insufficient at the term next after the same was taken, and be not made sufficient as herein provided, he and his sureties shall be liable to the party injured for all damages by him sustained, to be recovered by civil action, or by civil action on the officer's official bond. 533.230. Issuance of execution--to whom directed An execution may issue for the delivery of personal property to the sheriff of the county where the property is situate, and shall require him to deliver possession of the same, sufficiently describing it, to the party entitled thereto; and shall, in all respects, be governed by the

rules governing executions in ordinary cases, so far as the same may be applicable. 533.240. Replevin--who may hear Circuit judges may hear and determine all actions brought for the recovery of specific personal property. Associate circuit judges may hear and determine without special assignment or transfer all actions brought for the recovery of specific personal property when the value of the property sought to be recovered and the damages claimed for the taking or detention and for injuries thereto shall not exceed, in the aggregate, the monetary amount established by law for those civil cases which an associate circuit judge may hear and determine without special assignment or transfer. If specially assigned or transferred, associate circuit judges may hear and determine other cases for the recovery of specific personal property with the procedure to be as in cases triable before a circuit judge. 533.250. Value of property governs jurisdiction The value of the property, as set forth in the statement and affidavit, shall fix the monetary amount so far as the value is concerned which governs whether the case may be heard and determined by an associate circuit judge without special assignment or transfer; but the value of the property shall not be assessed against the defendant at a greater amount than that sworn to by the plaintiff in his statement.

SUPREME COURT RULES RULE 99. REPLEVIN RULE 99.01 ACTION IN REPLEVIN A person claiming the right to possession of personal property may bring an action in replevin for possession of the property. RULE 99.02 SERVICE OF PROCESS In replevin actions service of process may be made as provided by Rule 54. RULE 99.03 AFFIDAVIT TO OBTAIN IMMEDIATE POSSESSION OF PROPERTY When a party requests immediate possession of personal property an affidavit shall be filed stating: (a) The description of the property; (b) Facts showing the party is entitled to the possession of the property; (c) The actual value of the property; (d) The property has not been seized under any legal process;

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(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.

RULE 99.04 ORDER OF DELIVERY If the court finds that the facts stated in the affidavit show that the party has the right to immediate possession an order shall be issued directing the sheriff to take possession of the property and deliver it to the party upon compliance with Rule 99.06.

RULE 99.05 PREJUDGMENT SEIZURE--NOTICE REQUIRED

When a prejudgment seizure of property is made a written notice shall be served on the defendant advising the defendant of his right to file a delivery bond and of his right to request a hearing to determine the plaintiff's right to possession of the property. RULE 99.06 DELIVERY BOND--FORM OF--EFFECT OF FILING The plaintiff shall file a sufficient bond, approved by the court, executed by the plaintiff as principal and one or more sufficient sureties to the effect that they are bound to the defendant in double the value of the property for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery for the payment of all damages for injuries to the property thereafter, for the payment of all damages for the taking and detention thereof, and for all costs. RULE 99.07 REDELIVERY BOND--FORM OF The defendant may file, either before or after delivery of the property to the plaintiff, a sufficient redelivery bond, approved by the court, executed by the defendant as principal and one or more sufficient sureties to the effect that they are bound to the plaintiff in double the value of the property for the delivery of the property to the plaintiff, if such delivery be adjudged, and in default of such delivery for the payment of the value of the property, for the payment of all damages for injury to the property thereafter, for the payment of all damages for the taking and detention thereof, and for all costs. RULE 99.08 REDELIVERY BOND--EFFECT OF FILING If a redelivery bond is filed before delivery of the property to the plaintiff the defendant may retain the property. If a redelivery bond is filed after the property

has been taken from the defendant an order shall be issued directing the sheriff to take possession of the property and deliver it to the defendant.

RULE 99.09 HEARING ON RIGHT TO POSSESSION--WHEN--TIME FOR As an alternative to filing a redelivery bond the defendant may file a written request for a hearing to determine the plaintiff's right to possession of the property pending trial on the merits. The hearing shall be held within ten days after the filing of the request. RULE 99.10 QUALIFICATIONS OF SURETIES Each surety on such bonds must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be sufficient surety for the amount for which the bond is given. RULE 99.11 INSUFFICIENT BOND--PROCEDURE If the court finds that a delivery or redelivery bond is not sufficient it may order a party to furnish a new bond. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property be returned to the party from whose possession it had been taken.

RULE 99.12 PARTY AND SURETIES, IF ANY--FINDINGS AND JUDGMENT When the court or jury finds that a party not in possession of the property is entitled to possession of the property the value of the property shall be determined and damages for the taking, detention or injury may be assessed. The judgment shall be against the party and his sureties for the return of the property or the value of the property, at the election of the party entitled to possession, and for damages assessed for the taking, detention or injury. RULE 99.13 ELECTION OF PREVAILING PARTY--WHEN AND HOW MADE The prevailing party shall not be required to make an election between the return of the property or the payment of the value thereof assessed by the court or jury until the property is in the possession of the sheriff and notice thereof is given by the sheriff to the prevailing party. Service of the notice may be made as provided in Rule 43.01. The prevailing party shall have ten days after the service of the notice to make an election to receive the value of the property assessed by the court or

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jury. The election must be in writing and shall be filed with the clerk of the court.

RULE 99.14 COURT TO ALLOW CHARGES

FOR TAKING AND DELIVERING PROPERTY The court shall tax as costs the reasonable expenses and charges incurred by the sheriff or other officer incident to the taking and delivery of the property. RULE 99.15 EXECUTION FOR DELIVERY--HOW ISSUED AND GOVERNED An execution sufficiently describing the property may issue to the sheriff of the county in which the property is located directing him to deliver the property to the party entitled thereto.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 484. ATTORNEYS AT LAW 484.130. Compensation of attorney governed by agreement--lien upon client's cause of action The compensation of an attorney or counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor, and the proceeds thereof in whosesoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment.

484.140. Attorney may contract for percentage of proceeds of claim--notice of lien to be given to defendant In all suits in equity and in all actions or proposed actions at law, whether arising ex contractu or ex delicto, it shall be lawful for an attorney at law either before suit or action is brought, or after suit or action is brought, to contract with his client for legal services rendered or to be rendered him for a certain portion or percentage of the proceeds of any settlement of his client's claim or cause of action, either before the institution of suit or action, or at any stage after the institution of suit or action, and upon notice in writing by the attorney who has made such agreement with his client, served upon the defendant or defendants, or proposed defendant or defendants, that he has such an

agreement with his client, stating therein the interest he has in such claim or cause of action, then said agreement shall operate from the date of the service of said notice as a lien upon the claim or cause of action, and upon the proceeds of any settlement thereof for such attorney's portion or percentage thereof, which the client may have against the defendant or defendants, or proposed defendant or defendants, and cannot be affected by any settlement between the parties either before suit or action is brought, or before or after judgment therein, and any defendant or defendants, or proposed defendant or defendants, who shall, after notice served as herein provided, in any manner, settle any claim, suit, cause of action, or action at law with such attorney's client, before or after litigation instituted thereon, without first procuring the written consent of such attorney, shall be liable to such attorney for such attorney's lien as aforesaid upon the proceeds of such settlement, as per the contract existing as herein provided between such attorney and his client.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 430. STATUTORY LIENS AGAINST PERSONALTY --PREFERRED CLAIMS LIENS FOR STORING VEHICLES AND FOR WORK ON ANIMALS AND VEHICLE 430.010. Definition of vehicle The word "vehicle", as used in sections 430.010 to 430.070, means vehicles drawn by horses and other animals, motor vehicles, and boats or craft used or capable of being used as a means of transport on water. Any machinery used as the principal source of propulsion for a boat or craft is part of or equipment of the boat or craft.

430.020. Liens for storage, materials and labor on vehicles or aircraft--nonpossessory liens on aircraft for labor and material, procedure--failure to file with aircraft registry, purchaser prevails Every person who shall keep or store any vehicle, part or equipment thereof, shall, for the amount due therefor, have a lien; and every person who furnishes labor or material on any vehicle or aircraft, or part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of the vehicle or aircraft, or part or equipment thereof, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum. Such liens shall be on the vehicle or

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aircraft, or part or equipment thereof, as shall be kept or stored, or be placed in the possession of the person furnishing the labor or material; provided, however, the person furnishing the labor or material may retain the lien after surrendering possession of the aircraft or part or equipment thereof by filing a statement in the office of the county recorder of the county where the owner of the aircraft or part or equipment thereof resides, if known to the claimant, and in the office of the county recorder of the county where the labor or material was furnished. Such statement shall be filed within thirty days after surrendering possession of the aircraft or part or equipment thereof and shall state the claimant's name and address, the items on account, the name of the owner and a description of the property, and shall not bind a bona fide purchaser unless said lien has also been filed with the Federal Aviation Administration Aircraft Registry. 430.030. Lien, for labor or material furnished, on horse, mule or other animal 1. Every person who furnishes labor or material on any horse, mule or other animal, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of such horse, mule or other animal, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum. 2. Such lien shall be on such horse, mule or other animal as shall be placed in the possession of the person furnishing the labor or material; provided, however, that for labor and material furnished on more than one horse, mule or other animal belonging to the same owner, the person furnishing such labor and material may, at his option, have a lien on any one or more of such horses, mules or other animals for the amount of labor and material furnished on all of such horses, mules and other animals belonging to such owner. 430.040. Vehicle or aircraft, part or equipment--horse, mule or other animal to remain in custody of person having lien 1. No person shall have the right to take any vehicle or aircraft, or part or equipment thereof, or any horse, mule or other animal out of the custody of the person having the lien, except with the consent of the person, or upon paying the amount, lawfully due, for keep, storage, labor or material. 2. The lien shall be valid against the vehicle or aircraft, or part or equipment thereof, or against the horse, mule or other animal in the possession of any person receiving or purchasing the same, with notice of the lien claim; but the lien shall not take precedence over or be superior to any prior lien on the property, created by any financing statement on the same, duly perfected in

accordance with the laws of this state, without the written consent of the secured party or the legal holder of the security agreement.

430.050. Lien, how enforced

The lien provided for in section 430.040 shall be enforced in the same manner and be governed by the same procedure as is provided in section 430.160, applicable to the enforcement of the lien for keeping or training horses and other animals. 430.060. Proceedings governed by laws concerning replevin where not specifically provided All proceedings under sections 430.010 to 430.070, where not herein otherwise specifically provided, shall be governed by the general laws of the state concerning replevin. 430.080. Lien on chattels for labor and materials Every person expending labor, services, skill or material upon any chattel at the request of its owner, authorized agent of the owner, or lawful possessor thereof, in the amount of twenty-five dollars or less, shall have a lien upon such chattel beginning upon the date of commencement of such expenditure of labor, services, skill, or materials for the contract price for all such expenditure of labor, services, skill, or material, until the possession of such chattel is voluntarily relinquished to such owner or authorized agent, or to one entitled to the possession thereof. 430.082. Motor vehicles, trailers, vessels, outboard motors, aircraft liens for labor, material or storage, when--nonpossessory lien on aircraft procedure--sale of chattel, when--distribution of proceeds Motor vehicles, trailers, vessels, outboard motors, aircraft liens for labor, material or storage, when--nonpossessory lien on aircraft procedure--sale of chattel, when--distribution of proceeds 1. Every person expending labor, services, skill or material upon any motor vehicle or trailer, as defined in chapter 301, RSMo, vessel, as defined in chapter 306, RSMo, outboard motor or aircraft at a written request of its owner, authorized agent of the owner, or person in lawful possession thereof, or who provides storage for a motor vehicle , trailer, outboard motor or vessel, at the written request of its owner, authorized agent of the owner, or person in lawful possession thereof, or at the written request of a peace officer in lieu of the owner or owner's agent, where such owner or agent is not available to request storage thereof, shall, where the

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maximum amount to be charged for labor, services, skill or material has been stated as part of the written request or the daily charge for storage has been stated as part of the written request, have a lien upon the chattel beginning upon the date of commencement of the expenditure of labor, services, skill, materials or storage for the actual value of all the expenditure of labor, services, skill, materials or storage until the possession of that chattel is voluntarily relinquished to the owner, authorized agent, or one entitled to possession thereof. The person furnishing labor, services, skill or material may retain the lien after surrendering possession of the aircraft or part or equipment thereof by filing a statement in the office of the county recorder of the county where the owner of the aircraft or part or equipment thereof resides, if known to the claimant, and in the office of the county recorder of the county where the claimant performed the services. Such statement shall be filed within thirty days after surrendering possession of the aircraft or part or equipment thereof and shall state the claimant's name and address, the items on account, the name of the owner and a description of the property, and shall not bind a bona fide purchaser unless the lien has also been filed with the Federal Aviation Administration Aircraft Registry. 2. If the chattel is not redeemed within three months of the completion of the requested labor, services, skill or material, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title. 3. If the charges are for storage or the service of towing the motor vehicle, trailer, outboard motor or vessel, and the chattel has not been redeemed three months after the charges for storage commenced, the lienholder shall notify by certified mail, postage prepaid, the owner and any lienholders of record other than the person making the notification, at the person's last known address that application for a lien title will be made unless the owner or lienholder within forty-five days makes satisfactory arrangements with the person holding the chattel for payment of storage or service towing charges, if any, or makes satisfactory arrangements with the lienholder for paying such charges or for continued storage of the chattel if desired. Forty-five days after the notification has been mailed and the chattel is unredeemed and no satisfactory arrangement has been made with the lienholder for payment or continued storage, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title as provided in this section. 4. The application shall be accompanied by: (1) The original or a conformed or photostatic copy of the written request of the owner or the owner's agent or

of a peace officer with the maximum amount to be charged stated therein; (2) An affidavit of the lienholder that the owner has defaulted on payment of labor, services, skill or material and that payment is three months past due, or that owner has defaulted on payment or has failed to make satisfactory arrangements for continued storage of the chattel for forty-five days since notification of intent to make application for a certificate of ownership or certificate of title; (3) A statement of the actual value of the expenditure of labor, services, skill or material, or the amount of storage due on the date of application for a certificate of ownership or certificate of title, and the amount which is unpaid; and (4) A fee of ten dollars. 5. If the director is satisfied with the genuineness of the application and supporting documents, the director shall notify by certified mail, postage prepaid, the owner and any lienholders of record, other than the applicant, at their last known address that application has been made for a lien title on the chattel. 6. Thirty days after notification of the owner and lienholders, if no lienholder or the owner has redeemed the chattel or no satisfactory arrangement has been made concerning payment or continuation of storage and the application has not been withdrawn, and if no owner or lienholder has informed the director that the owner or lienholder demands a hearing and enforcement of the lien as provided in section 430.160, the director shall issue, in the same manner as a repossessed title is issued, a certificate of ownership or certificate of title to the applicant which shall clearly be captioned "Lien Title". 7. Upon receipt of a lien title, the holder shall within ten days begin proceedings to sell the chattel as prescribed in section 430.100. 8. The provisions of section 430.110 shall apply to the disposition of proceeds, and the lienholder shall also be entitled to any actual and necessary expenses incurred in obtaining the lien title, including, but not limited to, court costs and reasonable attorney's fees

430.090. Sale of unredeemed chattels Unless the chattel is redeemed within three months of the completion of the expenditure of such labor, services, skill, or material, or within three months of the date agreed upon for redemption, the lien may be enforced by a sale as herein provided.

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430.100. Sale--notice--liens combined 1. Such sale shall be held only after giving not less than twenty days' notice, first, by mailing a copy of notice, by registered mail, if the address is known, addressed to the owner for whom such expenditure of labor, material, skill or services are performed, in which case a return receipt shall be evidence of due notice; second by not less than two publications in some newspaper of general circulation where the property was received and is to be sold, the last publication to be not less than twenty days prior to the date of sale; third, if no newspaper be published within the county, then by posting, not less than twenty days prior to the date of sale, five handbills in different places within the township, one of which shall be posted where the property was received and is to be sold. 2. The form of notice shall be substantially as follows: NOTICE Notice is hereby given that on (insert date), a sale will be held at (insert place), to sell the following articles to enforce a lien existing under the laws of the State of Missouri against such articles for labor, services, skill or material expended upon such articles at the request of the following designated persons, unless such articles are redeemed prior to the date of said sale: Name of Owner ____________________ Description of Article ____________________ Amount of Lien ____________________

_____________________ Name of Lienor

3. A separate notice need not be published for each lien to be enforced, but several may be combined in one publication. 430.110. Sale of articles--disposition of proceeds--excess to general revenue subject to reclamation by owner 1. If the chattel or chattels are not redeemed prior to the date of sale [FN1] provided in the notice required by section 430.100, the lienor may sell such articles on the day and at the place specified in such notice. The proceeds shall be distributed in the following order: (1) To the satisfaction of the seller's lien and the necessary expenses of advertising as provided in section 430.100; (2) To the satisfaction of any prior lien on the chattel

created by any financing statement on the same, duly perfected in accordance with the laws of this state; (3) The excess, if any, shall thereupon be deposited with the county treasurer, or city treasurer in the city of St. Louis, together with a sworn statement containing the name of the owner, description of the article, amount of lien, the amount paid to any prior lienholders, sale price, name of purchaser, cost and manner of advertising. 2. The said treasurer shall credit such excess to the general revenue fund of the county, or the city of St. Louis, subject to the right of the owner or his representative to reclaim the same at any time within three years of the date of such deposit with the treasurer, after presentation of proper evidence of ownership and obtaining an order of the county commission, or comptroller of the city of St. Louis, directed to said treasurer for the return of said excess deposit.

430.120. Failure to deliver excess proceeds--penalty Any lienor failing or refusing to deliver to said treasurer the excess proceeds of sale together with a sworn statement as required in section 430.110 within thirty days after such sale, shall be liable for double the excess proceeds of said sale, to be recovered in any court of competent jurisdiction by civil action. 430.130. Actions against lienors barred Conformity to the requirements of sections 430.080 to 430.140 shall be a perpetual bar to any action against such lienor by any person for the recovery of such chattels or the value thereof, or of any damages growing out of the failure of such person to receive such chattels. 430.135. Chattels worth less than one hundred dollars deemed abandoned after year Chattels of a value not exceeding one hundred dollars, which are not redeemed within one year of the date agreed upon for redemption, shall be deemed abandoned to the lienor and thereafter the owner or depositor of the chattels shall be barred from the recovery of the chattels, or the value thereof, or of any damages growing out of the failure of the person to receive the chattels. 430.140. Member of armed services--exemption No provision in sections 430.080 to 430.140 shall apply to any member of the armed services of the United States of America until six months after his discharge from said service. 430.150. Lien for keeping or training horses and other animals

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Every person who shall keep, board or train any horse, mule or other animal, shall, for the amount due therefor, have a lien on such animal, and on any vehicle, harness or equipment coming into his possession therewith, and no owner or claimant shall have the right to take any such property out of the custody of the person having such lien, except with his consent or on the payment of such debt; and such lien shall be valid against said property in the possession of any person receiving or purchasing it with notice of such claim. 430.160. Enforcement of liens The lien provided for in section 430.150 shall be enforced as follows: The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day. If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial. When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be. If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same. If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff. If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.

430.165 Lien for the care of animals lawfully

impounded, who entitled to 1. Any animal lawfully impounded under the laws of this state or ordinances of any of its political subdivisions may be placed by the impounding officer in the care of any incorporated humane society or other responsible person designated by the impounding authority. 2. Any incorporated humane society or other person designated to care for an animal under the provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the care of the animal, as provided in sections 430.150 and 430.160. 430.170. Owner to advertise terms--publication imparts notice The owner or keeper of any stallion, jack or bull may advertise the terms upon which he will let any such animal to service, by publication thereof in some newspaper of the county where such animal is kept, for sixty days during the season of each year, or by printed handbills conspicuously posted during such period, in four or more public places in said county, including the place where such animal is kept; and the publication or posting as aforesaid of the terms of such service shall impart notice thereof to the owner of any female animal served by such stallion, jack or bull during any such season; and in all actions and controversies in respect to the foal or other product of such service, the owner of such female animal so served shall be deemed to have accepted and assented to said terms, when so advertised and published or posted as provided herein.

430.180. Publication or posting terms of service sufficient notice of lien on offspring When the terms of the service by the animal, published or posted as provided in section 430.170, provides that the foal or other product of the service will be held for the money due for the service of the stallion, jack or bull, then and in that event the owner or keeper of the animal shall have a lien for the sum on the offspring of any female animal served, for the period of one year after the birth thereof. The lien shall be preferred to any prior lien, encumbrance or security agreement whatever; and the publication or posting as aforesaid of the terms of the service shall be deemed notice to any third party of the existence of the lien. 430.200. Giving false pedigree forfeits claim If any keeper of such stallion, jack or bull shall offer and advertise to let the service of any such animal, and shall give a false or fictitious pedigree, knowing the same to be false, or shall falsely represent said animal to be recorded or eligible to record in any of the various books of record kept for recording animals of that breed, he shall forfeit all claim to the value of the services rendered

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by any such animal, and shall not be entitled to the benefits of any provision of sections 430.150 to 430.220. 430.210. Lienor may proceed by replevin For the purpose of enforcing such lien upon default in the payment of the sum secured, the lienor may proceed by replevin in any court of competent jurisdiction and possess himself of the encumbered property, and hold the same subject to such judgment as he shall recover. 430.220. Judgment, amount, how enforced Upon the rendition of judgment, if for the lienor, it shall be for the sum found to be due, with costs of suit, and that the lien be enforced against the property by execution and sale as in ordinary sales under execution, but if such finding be for defendant, judgment shall be entered in his favor as in ordinary actions of replevin.

430.225. Definitions�clinics, health practitioners and other institutions, rights�liens�release of claimants from liability 1 As used in sections 430.225 to 430.250, the following terms shall mean:(1) "Claim", a claim of a patient for:(a) Damages from a tort-feasor; or(b) Benefits from an insurance carrier;(2) "Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;(3) "Health practitioner", a chiropractor licensed pursuant to chapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336, RSMo, while acting within the scope of their practice;(4) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;(5) "Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;(6) "Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort- feasor.2. Clinics, health practitioners and other institutions, as defined in this section shall have the same rights granted to hospitals in sections 430. 230 to 430.250.3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving

notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries cause by the tort-feasor.5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time. 430.230. Hospitals to have liens--when, against whom Every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed twenty-five dollars per day and the reasonable cost of necessary X-ray, laboratory, operating room and medication service, as such hospital, clinic, or other institution shall render such injured person on account of his conditions; provided further, that the lien herein set forth shall not be applied or considered valid against anyone coming under the workers' compensation law in this state. 430.235. Hospital liens to be valid against medical benefits paid to public assistance recipients Notwithstanding the provisions of section 430.230, every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of

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eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed the customary charges for the services and the customary charges for necessary X-ray, laboratory, operating room and medication services as such hospital, clinic or other institution shall render such injured person on account of his conditions. The lien set forth in this section shall not be applied or considered valid against anyone coming under the workers' compensation law in this state. The lien set forth in this section shall be considered valid and may be applied against medical benefits paid anyone under the provisions of chapter 208, RSMo, whether such benefits are paid from state or federal funds, or a combination thereof.

430.240. Notice to be given No such lien shall be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received, shall be sent by registered mail with return receipt requested, to the person or persons, firm or firms, corporation or corporations, if known, alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries. Such hospital shall send by registered mail with return receipt requested a copy of such notice to any insurance carrier, if known, which has insured such person, firm or corporation against such liability. 430.250. Liability for failure to pay hospital Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 430.240, without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of fifty percent of the moneys due to such patient under any final judgment or compromise or settlement

agreement after paying the amount of attorneys' liens, federal and Missouri workers' compensation liens, and any prior liens, shall have a period of one year, after such settlement is made known to the hospital, from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid, be and remain liable to such hospital for the amount which such hospital was entitled to receive, as aforesaid, and any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.

430.330. State's claim paramount -- exceptions Whenever any person indebted to the state of Missouri is insolvent, or whenever the estate of any deceased debtor in the hands of the executors or administrators is insufficient to pay all the debts due from the deceased, the debts due to the state of Missouri shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor not having sufficient property to pay all his debts makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed; provided, that nothing in sections 430.330 to 430.350 contained shall be construed to interfere with the priority of the United States as secured by law, or with the priority for the payment of claims in decedents' estates as prescribed by section 473.397, RSMo. 430.340. Liability of executors and administrators Every executor, administrator, assignee or other person who pays any debt due by the person or estate for whom or for which he acts before he satisfies and pays the debts due to the state of Missouri from such person or estate, shall become answerable in his own person and estate for the debt so due to the state of Missouri, or so much thereof as may remain due and unpaid. 430.350. Rights of sureties who pay bonds of insolvent or deceased principals Whenever the principal in any bond given to the state of Missouri is insolvent, or whenever such principal being deceased, his estate and effects which come to the hands of his executor, administrator or assignee are insufficient for the payment of his debts, and in either of such cases, any surety on the bond, or the executor, administrator or assignee of such surety, pays to the state of Missouri the money due upon such

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bond, said surety, his executor or administrator or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the state of Missouri, and may bring and maintain a suit upon the bond in law or equity in his own name for the recovery of all moneys paid thereon. 430.360. Wages--payable when--priority of

claim for 1. All corporations shall make payment to their employees and other operatives, of wages due for all labor and services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property; and such priority of payment may be enforced by civil action.

2. Payment of wages shall be made on or before the fifteenth day of each month for the full amount of all wages earned previous to the first day of that month, with interest at six percent, if not paid, to be added to the amount of said wages when paid or recovered by suit. 3. All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents or any receiver or assignee, over every other claim not specifically secured. 4. Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by his unlawfully withholding the money. 430.400. Definitions As used in sections 430.400 to 430.407, the following terms mean: (1) "Customer", any individual or entity who causes a plastic fabricator to fabricate, cast or otherwise make a die, mold, form, or pattern; or who causes a plastic fabricator to use a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product; (2) "Plastic fabricator", any individual or entity who fabricates, casts or otherwise makes a die, mold, form or pattern; or who uses a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product. 430.403. Plastic fabricator's lien on die, mold, form, pattern--fabricator to retain possession, when--priority of lien Every plastic fabricator shall have a lien dependent on possession on any die, mold, form or pattern in his possession belonging to the customer for the amount due from such customer for plastic fabrication work performed upon the die, mold, form or pattern. A plastic fabricator may retain possession of the die, mold, form or pattern until such amount due is paid or until such time as [FN1] the customer has posted with the clerk of the circuit court of the county in which the mold is located a bond in an amount equal to the amount in

dispute. Such lien shall have priority over any other unperfected security interest or right in or to the mold, die, form or pattern. 430.405. Suit to enforce lien, customer's alternatives--counter-claim, effect In any suit to enforce a lien under sections 430.400 to 430.407 the customer may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct. In the alternative the customer may file a written undertaking, with two or more securities, to be approved by the court, to the effect that he will pay any judgment that may be recovered, together with costs, and on the payment of such money into the court, or the approval of such undertaking, the court shall order possession of the mold to be returned to the customer, and any money so paid shall be subject to the final decree of the court. In the event that a counterclaim is filed in any action described in sections 430.400 to 430.407 and that counterclaim is related to the work performed by the lienor, then the lienor shall be subject to the provisions of this section before any lien under sections 430.400 to 430.407 can be enforced. 430.407. Sale proceeds--excess --insufficiency--violation of patent or copyright prohibited--release of mold, when 1. If the sale is for a sum greater than the amount of the lien, any excess shall be paid to the customer and any prior lienholder. In the event that the proceeds of the sale are insufficient to satisfy the lien, the plastic fabricator shall be entitled to a personal judgment for the deficiency against the customer. 2. No sale shall be made under sections 430.400 to 430.407 if it would be in violation of any right of a customer under federal patent or copyright law, but the judge may order the customer to fully satisfy his indebtedness to the plastic fabricator prior to release of the mold to the customer. UNITED STATES CODE ANNOTATED TITLE 31. MONEY AND FINANCE SUBTITLE III--

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FINANCIAL MANAGEMENT CHAPTER 37--CLAIMS SUBCHAPTER II-- CLAIMS OF THE UNITED STATES GOVERNMENT _ 3713. Priority of Government claims (a)(1) A claim of the United States Government shall be paid first when-- (A) a person indebted to the Government is insolvent and-- (I) the debtor without enough property to pay all debts makes a voluntary assignment of property; (ii) property of the debtor, if absent, is attached; or (iii) an act of bankruptcy is committed; or (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor. (2) This subsection does not apply to a case under title 11. (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.

VERNON'S ANNOTATED MISSOURI STATUTES CHAPTER 400. UNIFORM COMMERCIAL CODE ARTICLE 6. BULK TRANSFERS 400.6-101. Short title This article shall be known and may be cited as "Uniform Commercial Code--Bulk Transfers". 400.6-102. "Bulk transfers�--transfers of of equipment--enterprises subject to this article -- bulk transfers subject to this article (1) A "bulk transfer" is any transfer in bulk and not in the ordinary course of the transferor's business of a major part of the materials, supplies, merchandise or other inventory (section 400.9-109) of an enterprise subject to this article. (2) A transfer of a substantial part of the equipment (section 400.9-109) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise. (3) The enterprises subject to this article are all those whose principal business is the sale of merchandise from stock, including those who manufacture what they sell. (4) Except as limited by the following section all bulk

transfers of goods located within this state are subject to this article.

400.6-103. Transfers excepted from this article The following transfers are not subject to this article: (1) Those made to give security for the performance of an obligation; (2) General assignments for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder; (3) Transfers in settlement or realization of a lien or other security interest; (4) Sales by executors, administrators, receivers, trustees in bankruptcy, or any public officer under judicial process; (5) Sales made in the course of judicial or administrative proceedings for the dissolution or reorganization of a corporation and of which notice is sent to the creditors of the corporation pursuant to order of the court or administrative agency; (6) Transfers to a person maintaining a known place of business in this state who becomes bound to pay the debts of a transferor in full and gives public notice of that fact, and who is solvent after becoming so bound; (7) A transfer to a new business enterprise organized to take over and continue the business, if public notice of the transaction is given and the new enterprise assumes the debts of the transferor and he receives nothing from the transaction except an interest in the new enterprise junior to the claims of creditors; (8) Transfers of property which is exempt from execution. Public notice under subsection (6) or subsection (7) may be given by publishing once a week for two consecutive weeks in a newspaper of general circulation where the transferor had its principal place of business in this state an advertisement including the names and addresses of the transferor and transferee and the effective date of the transfer. 400.6-104. Schedule of property--list of creditors (1) Except as provided with respect to auction sales (section 400.6-108), a bulk transfer subject to this article is ineffective against any creditor of the transferor unless: (a) The transferee requires the transferor to furnish a list of his existing creditors prepared as stated in this section; and (b) The parties prepare a schedule of the property transferred sufficient to identify it; and (c) The transferee preserves the list and schedule for six months next following the transfer and permits

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inspection of either or both and copying therefrom at all reasonable hours by any creditor of the transferor, or files the list and schedule in the office of the recorder of deeds of the county in which the transferor resides. (2) The list of creditors must be signed and sworn to or affirmed by the transferor or his agent. It must contain the names and business addresses of all creditors of the transferor, with the amounts when known, and also the names of all persons who are known to the transferor to assert claims against him even though such claims are disputed. If the transferor is the obligor of an outstanding issue of bonds, debentures or the like as to which there is an indenture trustee, the list of creditors need include only the name and address of the indenture trustee and the aggregate outstanding principal amount of the issue. (3) Responsibility for the completeness and accuracy of the list of creditors rests on the transferor, and the transfer is not rendered ineffective by errors or omissions therein unless the transferee is shown to have had knowledge.

400.6-105. Notice to creditors In addition to the requirements of section 400.6-104, any bulk transfer subject to this article except one made by auction sale (section 400.6-108) is ineffective against any creditor of the transferor unless at least ten days before he takes possession of the goods or pays for them, whichever happens first, the transferee gives notice of the transfer in the manner and to the persons hereafter provided (section 400.6-107). 400.6-107. The notice (1) The notice to creditors (section 400.6-105) shall state: (a) that a bulk transfer is about to be made; and (b) the names and business addresses of the transferor and transferee, and all other business names and addresses used by the transferor within three years last past so far as known to the transferee; and (c) whether or not all the debts of the transferor are to be paid in full as they fall due as a result of the transaction, and if so, the address to which creditors should send their bills. (2) If the debts of the transferor are not to be paid in full as they fall due or if the transferee is in doubt on that point then the notice shall state further: (a) the location and general description of the property to be transferred and the estimated total of the transferor's debts; (b) the address where the schedule of property and list of creditors (section 400.6-104) may be inspected; (c) whether the transfer is to pay existing debts and if so the amount of such debts and to whom owing; (d) whether the transfer is for new consideration and if so the amount of such consideration and the time and

place of payment. (3) The notice in any case shall be delivered personally or sent by registered or certified mail to all the persons shown on the list of creditors furnished by the transferor (section 400.6-104) and to all other persons who are known to the transferee to hold or assert claims against the transferor.

400.6-108. Auction sales--�auctioneer� (1) A bulk transfer is subject to this article even though it is by sale at auction, but only in the manner and with the results stated in this section. (2) The transferor shall furnish a list of his creditors and assist in the preparation of a schedule of the property to be sold, both prepared as before stated (section 400.6-104). (3) The person or persons other than the transferor who direct, control or are responsible for the auction are collectively called the "auctioneer". The auctioneer shall: (a) receive and retain the list of creditors and prepare and retain the schedule of property for the period stated in this article (section 400.6-104); (b) give notice of the auction personally or by registered or certified mail at least ten days before it occurs to all persons shown on the list of creditors and to all other persons who are known to him to hold or assert claims against the transferor. (4) Failure of the auctioneer to perform any of these duties does not affect the validity of the sale or the title of the purchasers, but if the auctioneer knows that the auction constitutes a bulk transfer such failure renders the auctioneer liable to the creditors of the transferor as a class for the sums owing to them from the transferor up to but not exceeding the net proceeds of the auction. If the auctioneer consists of several persons their liability in joint and several. 400.6-109. What creditors protected The creditors of the transferor mentioned in this article are those holding claims based on transactions or events occurring before the bulk transfer, but creditors who become such after notice to creditors is given (sections 400.6-105 and 400.6-107) are not entitled to notice. 400.6-110. Subsequent transfers When the title of a transferee to property is subject to a defect by reason of his noncompliance with the requirements of this article, then: (1) a purchaser of any of such property from such transferee who pays no value or who takes with notice of such noncompliance takes subject to such defect, but (2) a purchaser for value in good faith and without such notice takes free of such defect.

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400.6-111. Limitation of actions and levies No action under this article shall be brought nor levy made more than six months after the date on which the transferee took possession of the goods unless the transfer has been concealed. If the transfer has been concealed, actions may be brought or levies made within six months after its discovery.

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY AT INDEPENDENCE _________________________________ NO.

CIRCUIT JUDGE

vs.

ASSOCIATE CIRCUIT JUDGE

_________________________________ SMALL CLAIMS

MEMORANDUM TO DEPARTMENT OF CIVIL RECORDS INSTRUCTIONS FOR ALIAS SUMMONS Issue Alias Summons to Defendant ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Prepare Transcript of Judgment Authenticated Certified Record as Lien ____________________________________________________________________________________________ REQUEST FOR EXECUTION AND/OR GARNISHMENT COMPLETE INFORMATION FOR EACH SECTION BELOW TYPE OF ACTION REQUESTED: DEBTOR'S NAME, SOCIAL SECURITY

NUMBER, ADDRESS (Notice of Exemptions will be served or mailed address furnished)

Real Estate Levy ______________________________________ Personal Property Levy* ______________________________________ Replevin ______________________________________ Stock Levy ______________________________________ Garnishment ______________________________________ Execution & Restitution Nulla Bona Return

STAY OF EXECUTION: Creditor must indicate if debtor has failed to comply with conditions of a court ordered stay of execution.

(*See Reverse Side for Information re: Personal Property Levies)

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RETURNABLE: 30 Days 60 Days 90 Days BALANCE: Do not include costs and/or interest

with principal. ISSUE EXECUTION TO:_________________________COUNTY Principal$__________

Child Support*$__________ DATE OF JUDGMENT:__________________________ Maintenance*$__________

Attorney Fees**$__________ BANKRUPTCIES/NOTICE TO CREDITOR: The Judgment Creditor Interest $__________ is solely responsible for determining whether a pending or previous bankruptcy effects his right to proceed with the requested action. TOTAL $__________

(*If checked, the amount claimed is for more than twelve (12) weeks)

SERVICE INSTRUCTIONS: (*If checked, awarded directly to attorney.) (Include applicable instructions such as, name, status, address of garnishee and person to serve; description of property; etc. If employed by a political entity or subdivision, INDICATE entity or subdivision, department, and name and title of disbursing

officer. ____________________________________________________________________________________________ ____________________________________________________________________________________________

REQUESTED BY ____________________________________________________________________________________________ NAME OF CREDITOR / ATTORNEY SIGNATURE ____________________________________________________________________________________________

ADDRESS PHONE ____________________________________________________________________________________________

CITY STATE ZIP DATE

ORIGINAL CIRCT 1699 - 5/92 (FILE IN COURT'S CASE FILE FOLDER)

INFORMATION FOR JUDGMENT CREDITOR PERSONAL PROPERTY LEVIES 1. You will be contacted by a Deputy Court Administrator to discuss and schedule your requested levy. 2. The judgment creditor is responsible for arranging for towing/moving and storage of personal property seized pursuant to a levy. You should discuss your proposed arrangements with the Deputy, as they are subject to the approval of the Court Administrator=s Office. The judgment creditor will be liable for all expenses incurred for towing/moving and storage. 3. The judgment creditor and the storage company are advised that the Court Administrator=s Office has control

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over property levied upon the date of levy until sold. The creditor is not entitled to gain access to the property without the knowledge and written consent of the Court Administrator=s Office.

DOCUMENTATION OF EXECUTION ACTIVITY

TO BE COMPLETED BY COURT ADMINISTRATOR=S OFFICE (Deputy performing each activity must include his or her initials)

EK/E1#_____________________________

Page #______________________________

Execution issued on ___________________Garnishment issued on _______________Return Date _____________ All costs due $________________________

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AT KANSAS CITY AT INDEPENDENCE _______________________________ NO._____________________________

CIRCUIT JUDGE CASE

vs.

ASSOCIATE CIRCUIT JUDGE CASE

_______________________________ SMALL CLAIMS

INTERROGATORIES TO GARNISHEE __________________________________ __________________________________ __________________________________

_____________________ GARNISHEE JUDGMENT DEBTOR

INSTRUCTIONS:You are to answer interrogatories UNDER OATH within ten (10) days after the return date of the

summons of garnishment, and mail the ORIGINAL to

THE DEPARTMENT OF CIVIL RECORDS, Jackson County Courthouse. 415 E. 12th Street, Kansas City, Missouri 64106-2706 308 W. Kansas, Independence, Missouri 64050-3715,

and a COPY to the attorney for the judgment creditor (or the judgment creditor individually if there is no attorney) listed on the reverse side.

1. At the time of service of garnishment, or at anytime thereafter until the return date stated in the Summonsof

Garnishment, have you had in your possession or under your control any property, money (excluding wages, salary, and commissions), or effects of the judgment debtor? If so, state what property, how much, of what value, and what money or effects.

ANSWER:

2. At the time of service of garnishment, or at any time thereafter until the return date stated in the Summons of

Garnishment, did you owe the judgment debtor any money (including wages, salary, and commissions), or do you owe the judgment debtor any now?

ANSWER:

IF NOT YET DUE, WHEN WILL IT BECOME DUE? If amount owed judgment debtor is for wages, salary, or commission state:

a. Amount owed after deductions required by law $__________________________

(Deductions required by law are limited to federal, state, and city income and earnings taxes and FICA taxes.)

b. Amount withheld pursuant to the garnishment $__________________________

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3. Is the judgment debtor still within your employ? If not, state the date his employment terminated.

ANSWER: 4. At the time of service of the garnishment, or at any time thereafter until the return date stated in the

Summons of Garnishment, will you or have you since become or are you now bound in any contract to pay the judgment debtor money not yet due? If so, state the amount to be paid out and when due and payable.

ANSWER:

___________________________________________________________________________________________

STATE OF MISSOURI S.S. COUNTY OF JACKSON The undersigned, being duly sworn, on oath states that he/she has read the foregoing interrogatories and the answers given are true to the best of affiant's knowledge and belief.

SIGNATURE OF

GARNISHEE

The foregoing answers to interrogatories were subscribed and sworn to before me on_________________________

NOTARY PUBLIC________________________________

My commission expires:

_______________________________

ATTORNEY FOR JUDGMENT CREDITOR:

_____________________________________

_____________________________________

_____________________________________

Date post:	06-Feb-2018
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