Chapter 513 Executions and Exemptions
513.390 - Proceedings in court — referee may be appointed — evidence recorded — signed.
The examination provided for in this chapter shall be summary, and either party named in the writ of fieri facias may be examined as a witness in the inquiry, and the court or judge may appoint a referee, who shall have full power and authority to hear and reduce to writing the evidence of the parties to the writ, and to administer such oaths or affirmations as may be necessary for the purposes of the investigations, the referee being hereby authorized to administer oaths or affirmations to the witness, in the same manner and with like effect as magistrates or other officer now authorized by law to administer oaths or affirmations.Said referee shall hear the evidence in the cause promptly and report such evidence to the court or judge in writing.The evidence of each party sworn as a witness and testifying, and reduced to writing, by order of the court or by the referee as aforesaid, shall be subscribed by the witness, and a jurat shall be attached thereto by the referee or the clerk of the court.
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.
513.090 - 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.
513.190 - 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.
513.490 - 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 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.
513.436 - 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.
513.280 - 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.
513.380 - Examination of judgment debtor, when, procedure — grant of use immunity.
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.
513.180 - 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.
513.080 - 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.
513.480 - 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.
513.612 - Right to file motion to dismiss — jury trial.
Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days.Any party may demand a jury trial.
513.647 - Transfer of property seized by state to federal agency, procedure — transfer not to be made unless violation is a felony — property owner may challenge, procedure.
1.No state or local law enforcement agency may transfer any property seized by the state or local agency to any federal agency for forfeiture under federal law until the prosecuting attorney and the circuit judge of the county in which the property was seized first review the seizure and approve the transfer to a federal agency, regardless of the identity of the seizing agency.The prosecuting attorney and the circuit judge shall not approve any transfer unless it reasonably appears the activity giving rise to the investigation or seizure involves more than one state or unless it is reasonably likely to result in federal criminal charges being filed, based upon a written statement of intent to prosecute from the United States attorney with jurisdiction.No transfer shall be made to a federal agency unless the violation would be a felony under Missouri law or federal law.
2.Prior to transfer, in an ex parte proceeding, the prosecuting attorney shall file with the court a statement setting forth the facts and circumstances of the event or occurrence which led to the seizure of the property and the parties involved, if known.The court shall certify the filing, and notify by mailing to the last known address of the property owner that his property is subject to being transferred to the federal government and further notify the property owner of his right to file a petition stating legitimate grounds for challenging the transfer.If within ninety-six hours after the filing of the statement by the prosecuting attorney, the property owner by petition shows by a preponderance of the evidence that the property should not be transferred to the federal government for forfeiture, the court shall delay such transfer until a hearing may be held.If the court orders a delay in transfer, no later than ten days after the filing of a petition under this section and sections 513.649 and 513.651, a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted.At the hearing, if the prosecutor has proved by a preponderance of the evidence that the investigation or seizure involved more than one state or that the nature of the investigation or seizure would be better pursued under the federal forfeiture statutes, the court shall order that the transfer shall be made.
513.653 - Law enforcement agencies using federal forfeiture system, report of federal seizure proceeds — violation, ineligibility for certain funds.
1.Law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federal seizures and the proceeds therefrom.Such report shall be filed annually by February fifteenth for the previous calendar year with the state auditor's office.The report for the calendar year shall consist of a copy of the federal form entitled "ACA Form - Equitable Sharing Agreement and Certification" which is identical to the form submitted in that year to the federal government.
2.Any law enforcement agency that intentionally or knowingly fails to comply with the reporting requirement contained in this section shall be ineligible to receive state or federal funds which would otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.
513.607 - Property subject to forfeiture — procedure — report required, when, contents — annual state auditor's report, contents — violations, penalty.
1.All property of every kind, including cash or other negotiable instruments, used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture.Civil forfeiture shall be had by a civil procedure known as a CAFA forfeiture proceeding.
2.A CAFA forfeiture proceeding shall be governed by the Missouri rules of court, rules of civil procedure, except to the extent that special rules of procedure are stated herein.
3.Any property seized by a law enforcement officer or agent shall not be disposed of pursuant to section 542.301 or by the uniform disposition of unclaimed property act, sections 447.500 through 447.595, unless the CAFA proceeding involving the seized property does not result in a judgment of forfeiture.
4.In cases where the property is abandoned or unclaimed, an in rem CAFA forfeiture proceeding may be instituted by petition by the prosecuting attorney of the county in which the property is located or seized by the attorney general's office.The proceeding may be commenced before or after seizure of the property.
5.In lieu of, or in addition to, an in rem proceeding under subsection 4 of this section, the prosecuting attorney or attorney general may bring an in personam action for the forfeiture of property, which may be commenced by petition before or after the seizure of property.
6.(1)If the petition is filed before seizure, it shall state what property is sought to be forfeited, that the property is within the jurisdiction of the court, the grounds for forfeiture, and the names of all persons known to have or claim an interest in the property.The court shall determine ex parte whether there is reasonable cause to believe that the property is subject to forfeiture and that notice to those persons having or claiming an interest in the property prior to seizure would cause the loss or destruction of the property.If the court finds that reasonable cause does not exist to believe the property is subject to forfeiture, it shall dismiss the proceeding.If the court finds that reasonable cause does exist to believe the property is subject to forfeiture but there is not reasonable cause to believe that prior notice would result in loss or destruction, it shall order service on all persons known to have or claim an interest in the property prior to a further hearing on whether a writ of seizure should issue.If the court finds that there is reasonable cause to believe that the property is subject to forfeiture and to believe that prior notice would cause loss or destruction, it shall without any further hearing or notice issue a writ of seizure directing the sheriff of the county or other authorized law enforcement agency where the property is found to seize it.
(2)Seizure may be effected by a law enforcement officer authorized to enforce the criminal laws of this state prior to the filing of the petition and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized.Within four days of the date of seizure, such seizure shall be reported by said officer to the prosecuting attorney of the county in which the seizure is effected or the attorney general; and if in the opinion of the prosecuting attorney or attorney general forfeiture is warranted, the prosecuting attorney or attorney general shall, within ten days after receiving notice of seizure, file a petition for forfeiture.The petition shall state, in addition to the information required in subdivision (1) of this subsection, the date and place of seizure.The burden of proof will be on the investigative agency to prove all allegations contained in the petition.
7.After the petition is filed or the seizure effected, whichever is later, every person known to have or claim an interest in the property shall be served, if not previously served, with a copy of the petition and a notice of seizure in the manner provided by the Missouri rules of court and rules of civil procedure.Service by publication may be ordered upon any party whose whereabouts cannot be determined or if there be unknown parties.
8.The prosecuting attorney or attorney general to whom the seizure is reported shall report annually by January thirty-first for the previous calendar year all seizures.Such report shall include the date, time, and place of seizure, the property seized, the estimated value of the property seized, the person or persons from whom the property was seized, the criminal charges filed, and the disposition of the seizure, forfeiture and criminal actions.The report shall be made to the director of the Missouri department of public safety and shall be considered an open record.The prosecuting attorney or attorney general shall submit a copy of the report to the state auditor at the time the report is made to the director of the department of public safety.
9.The state auditor shall make an annual report compiling the data received from law enforcement, prosecuting attorneys and the attorney general, and shall submit the report regarding seizures for the previous calendar year to the general assembly annually by February twenty-eighth.
10.Intentional or knowing failure to comply with any reporting requirement contained in this section shall be a class A misdemeanor, punishable by a fine of up to one thousand dollars.
513.617 - CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner — release of property, restrictions — court approval of settlements — seized property not to be used in bargaining — time limitation.
1.In the event criminal charges arising from the same activity giving rise to the CAFA proceeding are filed against any individual claiming an interest in the property subject to the CAFA proceeding, such CAFA proceeding shall be stayed by the court until the disposition of the criminal charges.In such cases, no property shall be forfeited unless the person charged is found guilty of or pleads guilty to a felony offense substantially related to the forfeiture.The property of persons arrested, detained or apprehended and not subsequently charged is not subject to forfeiture for that arrest, detention or apprehension.The rights of an innocent owner of property are superior to any right or claim of the state or county, and such rights shall be enforced pursuant to the provisions of sections 513.610 to 513.620.
2.In any case where the court determines that seized property is subject to forfeiture pursuant to the provisions of section 513.607 but there has not been a felony conviction, finding of guilt or plea of guilt to support such forfeiture, the court shall stay the civil forfeiture proceedings and order the release of the property subject to the following requirements:
(1)The person to whom the property is released shall file a bond in an amount which the court determines to be adequate to secure the property and which does not exceed the value of the property;
(2)The court may impose other conditions that it deems reasonable and necessary to prevent the property from being made unavailable for disposition by the court;
(3)The bond and other conditions shall terminate at such time as the released property is no longer subject to forfeiture or upon return of the property to the confiscating authority.
3.No action filed pursuant to sections 513.600 to 513.660 shall be compromised or otherwise settled without the express approval of the terms of the settlement by the court in which such action is pending.Nothing in this section shall prohibit or prevent the parties from contemporaneously resolving criminal charges and a CAFA proceeding arising from the same activity.However, seized property shall not be used in bargaining to defer prosecution of criminal charges, obtain a guilty plea or affect sentencing recommendations, and the court in which the CAFA proceeding is pending shall not approve any settlement without first making such a finding.No state or local government agency, nor any person, may accept any monetary payment or other thing of value in exchange for the release of property seized for forfeiture or for the settlement of any criminal charges.
4.No state or local government agency may hold property seized for forfeiture unless a petition for forfeiture has been filed within the time limit provided by section 513.607, unless a time extension is granted by order of the circuit court.The court may extend the time for filing a petition for up to ten days for each order, but may not extend the time for filing for more than thirty days.
513.637 - Enforcement of judgments — attorney general, duties — authority to enter into reciprocal agreements with other jurisdictions.
1.Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to sections 513.600 to 513.645 will be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to sections 513.600 to 513.645 would be enforced in such other jurisdiction.
2.The attorney general is hereby authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to sections 513.600 to 513.645 so as to further the purposes of sections 513.600 to 513.645.
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.
513.385 - 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.
513.185 - 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.
513.085 - 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, 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.
513.485 - 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.
513.395 - 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.
513.295 - 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.
513.095 - 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.
513.427 - 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).
513.623 - Disposition of proceeds after sale.
The clear proceeds of any sale or disposition after satisfaction of the interest of any innocent party and after payment of the reasonable costs of the CAFA proceeding, including reasonable storage costs as assessed by the court, if any, shall be distributed pursuant to Section 7 of Article IX of the Constitution of the State of Missouri.
513.660 - Forfeiture of gambling devices, records and money.
Any gambling device or gambling record, or any money used as bets or stakes in unlawful gambling activity, possessed or used in violation of this chapter may be seized by any law enforcement officer and is forfeited to the state.Forfeiture procedures shall be conducted as provided by rule of court.Forfeited money and the proceeds from the sale of forfeited property shall be paid into the school fund of the county.Any forfeited gambling device or record not needed in connection with any proceedings under this chapter and which has no legitimate use shall be ordered publicly destroyed.
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.
513.160 - 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.
513.060 - 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.
513.260 - 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.
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.
513.035 - 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.
513.135 - 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.
513.335 - 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.
513.235 - 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.
513.635 - Remedies not mutually exclusive.
The application of one civil remedy under any provision of this act* shall not preclude the application of any other remedy.Remedies under this act* are supplemental and not mutually exclusive.
513.125 - Bill of sale of shares required, how 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.
513.025 - 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 two thousand* 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.|
513.225 - 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.
513.325 - 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.
513.625 - Relations back of title, when — consequences of conveyance or alienation of property after filing of lien notice or petition.
1.Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall:
(1)In the case of real property or beneficial interest, relate back to the date of filing of the CAFA lien notice in the official records of the county where the real property or beneficial trust is located and, if no CAFA lien notice is filed, then to the date of the filing of any notice of lis pendens under section 527.260 in the official records of the county where the real property or beneficial interest is located and, if no CAFA lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and
(2)In the case of personal property, relate back to the date the personal property was seized by the investigating agency.
2.If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a CAFA lien notice or after the filing of a forfeiture petition, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate circuit court against the person named in the CAFA lien notice or the defendant in the civil proceeding and the court shall enter final judgment against the person named in the CAFA lien notice or the defendant in the civil proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action.If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending.
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.
513.525 - 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.
513.470 - 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.
513.070 - 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.
513.170 - 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.
513.370 - 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.
513.270 - 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.
513.205 - 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 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.
513.305 - 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.
513.105 - 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.
513.605 - Definitions.
As used in sections 513.600 to 513.645, unless the context clearly indicates otherwise, the following terms mean:
a.The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
b.The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person;
(b)"Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership.A beneficial interest shall be deemed to be located where the real property owned by the trustee is located;
(2)"Civil proceeding", any civil suit commenced by an investigative agency under any provision of sections 513.600 to 513.645;
(3)"Criminal activity" is the commission, attempted commission, conspiracy to commit, or the solicitation, coercion or intimidation of another person to commit any crime which is chargeable by indictment or information under the following Missouri laws:
(a)Chapter 195, relating to drug regulations;
(b)Chapter 565, relating to offenses against the person;
(c)Chapter 566, relating to sexual offenses;
(d)Chapter 568, relating to offenses against the family;
(e)Chapter 569, relating to robbery, arson, burglary and related offenses;
(f)Chapter 570, relating to stealing and related offenses;
(g)Chapter 567, relating to prostitution;
(h)Chapter 573, relating to pornography and related offenses;
(i)Chapter 574, relating to offenses against public order;
(j)Chapter 575, relating to offenses against the administration of justice;
(k)Chapter 491, relating to witnesses;
(l)Chapter 572, relating to gambling;
(m)Chapter 311, but relating only to felony violations of this chapter committed by persons not duly licensed by the supervisor of liquor control;
(n)Chapter 571, relating to weapons offenses;
(o)Chapter 409, relating to regulation of securities;
(p)Chapter 301, relating to registration and licensing of motor vehicles;
(4)"Criminal proceeding", any criminal prosecution commenced by an investigative agency under any criminal law of this state;
(5)"Investigative agency", the attorney general's office, or the office of any prosecuting attorney or circuit attorney;
(a)Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; or
(b)Any other property or service that has a value in excess of one hundred dollars;
(7)"Real property", any estate or legal or equitable interest in land situated in this state or any interest in such real property, including, but not limited to, any lease or deed of trust upon such real property;
(8)"Seizing agency", the agency which is the primary employer of the officer or agent seizing the property, including any agency in which one or more of the employees acting on behalf of the seizing agency is employed by the state of Missouri or any political subdivision of this state;
(9)"Seizure", the point at which any law enforcement officer or agent discovers and exercises any control over property that an officer or agent has reason to believe was used or intended for use in the course of, derived from, or realized through criminal activity.Seizure includes but is not limited to preventing anyone found in possession of the property from leaving the scene of the investigation while in possession of the property;
a.Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
b.Any successor trustee or trustees to any of the foregoing persons;
(b)"Trustee" does not include the following:
a.Any person appointed or acting as a personal representative under chapter 475 or under chapter 473;
b.Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.
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.
513.250 - 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.
513.050 - 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 persons, they shall have equal rank, and be executed accordingly.
513.150 - Personal property to be delivered to purchasers — bills of sale 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.
513.440 - 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 one thousand two hundred fifty dollars plus three hundred fifty dollars for each of such person's unmarried dependent children under the age of twenty-one years or dependent as defined by the Internal Revenue Code of 1986, as amended, determined to be disabled by the Social Security Administration, except ten percent of any debt, income, salary or wages due such head of a family.
513.640 - Lien notices, effect of filing.
1.Upon the institution of a civil forfeiture proceeding or, if no civil suit has been instituted, upon the return of an indictment or filing of an information of a crime which may constitute criminal activity as defined in section 513.605, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a CAFA lien notice.No filing fee or other charge shall be required as a condition for filing the CAFA lien notice.The recorder of deeds shall, upon the presentation of a CAFA lien notice, immediately record it in the official records.
2.The CAFA lien notice shall be signed by the attorney general or his designee or by a prosecuting or circuit attorney or his designee.The notice shall be in such form as the attorney general prescribes and shall set forth the following information:
(1)The name of the person against whom the civil proceeding has been brought.The investigative agency may also name in the CAFA lien notice any other aliases, names, or fictitious names under which the person may be known.The investigative agency may also name in the CAFA lien notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person;
(2)If known to the investigative agency, the present residence and business addresses of the person named in the CAFA lien notice and of the other names set forth in the CAFA lien notice;
(3)A reference to the civil proceeding stating that a proceeding under this act* has been brought against the person named in the CAFA lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the investigative agency at the time of filing the CAFA lien notice, the case number of the proceeding;
(4)A statement that the notice is being filed pursuant to this act*; and
(5)The name and address of the investigative agency filing the CAFA lien notice and the name of the individual signing the CAFA lien notice.
3.A CAFA lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities.A separate CAFA lien notice shall be filed for any other person against whom the investigative agency desires to file a CAFA lien notice under this section.
4.The investigative agency shall, as soon as practicable after the filing of each CAFA lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded.The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice.
5.The filing of a CAFA lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1)Any real property situated in the county where the notice is filed then or thereafter owned by the person; and
(2)Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person.
6.The lien shall commence and attach as of the time of filing of the CAFA lien notice and shall continue thereafter until expiration, termination, or release.The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice.
7.In conjunction with any civil proceeding:
(1)The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest subsequent to the filing of lis pendens shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and
(2)If a CAFA lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice.If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
8.(1)A trustee who acquires actual knowledge that a CAFA lien notice or a civil proceeding under sections 513.600 to 513.645 has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investigative agency the following:
(a)The name and address of the beneficiary against whose interest the CAFA lien notice or the CAFA proceeding has been filed, as known to the trustee;
(b)The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and
(c)A copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property;
(2)Any trustee who fails to comply with the provisions of this subsection is guilty of a class C misdemeanor.
9.Any trustee who conveys title to real property for which a CAFA lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of:
(1)The amount of proceeds received directly by the person named in the CAFA lien notice as a result of the conveyance;
(2)The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the CAFA lien notice; or
(3)The fair market value of the interest of the person named in the CAFA lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
10.The filing of a CAFA lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the CAFA lien notice.The investigative agency may bring a civil proceeding in any circuit court against the trustee to recover from the trustee the amounts set forth in subsection 9 of this section, and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
11.The filing of a CAFA lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the CAFA lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered.
12.(1)The provisions of this section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary;
(2)Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a CAFA lien notice or is otherwise a defendant in a civil proceeding, the provisions of this section shall not apply to:
(a)Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any CAFA lien notice; or
(b)Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust.
13.All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons.
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.
513.340 - 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 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.
513.140 - 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.
513.040 - 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.
513.315 - 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.
513.215 - 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.
513.015 - Executions, who may have.
The party in whose favor any judgment, order or decree is rendered, may have an execution in conformity therewith.
513.115 - 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.
513.515 - 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.
513.415 - 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.
513.615 - Rights of innocent party not subject to forfeiture — innocent party, defined.
The interest of an innocent party in the property shall not be subject to forfeiture.An "innocent party" is one who did not have actual knowledge that the property was used or intended for use in the course of, derived from or realized through a criminal activity.Any innocent party shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state or the county has in the same property or proceeds.To enforce such a claim, the innocent party must intervene in the forfeiture proceeding prior to its final disposition; except that, with respect to any property for which the state maintains records of ownership, if the certificate of title, the official records or other evidence of ownership indicates the existence of a lien on the seized property or the ownership of the property by someone other than the defendant, the named lienholder or owner shall be a necessary party to the action commenced under this section unless the party has by affidavit released the lien.The lienholder or owner shall have no obligation to intervene to protect his rights, but the court shall determine the validity of the lien.
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 United States regular mail. Service by mail shall be complete upon mailing.
2.The judgment debtor may make claim for exemption by filing a verified request with the levying officer within twenty days after notice of the levy.Upon receipt of a verified request, the levying officer shall notify the party requesting the execution forthwith that a claim of exemption has been filed, except that where the levy is in the form of a garnishment upon the judgment debtor's wages, no such notification is required.The levying officer may summon three disinterested householders, who, after being sworn honestly and impartially to appraise the property exhibited to them, shall proceed to appraise and set apart to said judgment debtor the property exempt to him under this chapter, and the officer levying such execution shall have authority to administer the oaths required by this section.
3.The levying officer shall release from the execution items of cash or property selected by the judgment debtor to the extent required by law.The judgment debtor or any other party aggrieved by the action of the levying officer, or by the failure of the levying officer to act within five days of the filing of the request for exemptions, may have the exemption claim reviewed and determined by the court by filing a request for court review.Any such hearing shall be expedited by the court and shall be held not later than thirty days after the filing of the request for court review, upon no less than three days' notice to all parties in interest.
513.645 - Termination, release, or renewal of lien notices.
1.The term of a CAFA lien notice shall be for a period of six months from the date of filing of the petition.Said lien notice may be renewed by the investigative agency one time prior to judgment.After judgment in favor of the investigative agency the CAFA lien notice shall be for a period of six years.The investigative agency shall be entitled to only one renewal of the CAFA lien notice after judgment.
2.The investigative agency filing the CAFA lien notice may release in whole or in part any CAFA lien notice or may release any specific real property or beneficial interest from the CAFA lien notice upon such terms and conditions as it may determine.Any release of a CAFA lien notice executed by the investigative agency may be filed in the official records of any county.No charge or fee shall be imposed for the filing of any release of a CAFA lien notice.
3.If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the CAFA lien notice, the acquittal in the criminal proceeding of the person named in the CAFA lien notice or the dismissal of the criminal proceeding shall terminate the CAFA lien notice; and, in such case, the filing of the CAFA lien notice shall have no effect.
4.If no civil proceeding is then pending against the person named in a CAFA lien notice, any person named in a CAFA lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case:
(1)The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which shall be not less than five nor more than ten days after the suit has been filed.The order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the suit.At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the CAFA lien notice or otherwise subject to forfeiture under the Missouri CAFA act.If such person shows by the preponderance of the evidence that the CAFA lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this act*, the court shall enter a judgment extinguishing the CAFA lien notice or releasing the real property or beneficial interest from the CAFA lien notice;
(2)The court shall immediately enter its order releasing from the CAFA lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, however, that the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and
(3)At the hearing set forth in subdivision (1) of this subsection, the court may release from the CAFA lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.
5.In the event a civil proceeding is pending against a person named in a CAFA lien notice, the court, upon motion by said person, may grant the relief set forth herein.
6.Upon acquittal or dismissal of a criminal action against a person also named in a CAFA action, the civil action shall be dismissed.
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.
513.345 - 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.
513.145 - 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 the best interests of the parties to such suit, and account for the proceeds to the court before whom such suit is pending.
513.045 - Duties of clerks in issuing executions.
The clerk shall, before delivering any execution issued by the clerk, endorse thereon the debt, damages and costs, or damages and costs, to be recovered, and shall maintain in his office record, and enter therein an abstract of all executions issued out of his office, showing the date, the names of the parties, amount of debt, damages and costs, or damages and costs to what officer directed, when made returnable, the return, if any, and a reference to the location of the record wherein the judgment or decree whereon such execution issued is entered; and every such clerk shall, moreover, keep a regular index to such abstract of executions, indexed or arranged alphabetically, both by the name of the plaintiff and defendant therein.
513.310 - Sale of real estate on execution from district No. 2 of Marion County circuit court and 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.
513.210 - 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.
513.010 - 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, including a manufactured home as defined in section 700.010, which is real estate as defined in subsection 7 of section 442.015.
513.649 - Peace officers or reserve officer working with federal agency subject to law.
Any property seized by state or local peace or reserve officers who are detached to, deputized or commissioned by or working in conjunction with the federal agency shall remain subject to the provisions of this section and sections 513.647 and 513.651.
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.
513.510 - 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.
513.410 - 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 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.
513.610 - Intervention as a party, when — possession of property upon posting bond.
1.Any person claiming an interest in the property may become a party to the action at any time prior to judgment, whether named in the petition or not.Any party claiming a valid interest in the property shall upon motion be allowed by the court to take possession of the property upon posting bond with good and sufficient security in the amount of the property's value conditioned to pay the value of any interest in the property found to be subject to forfeiture or the value of any interest of another not subject to forfeiture.Such a party taking possession shall not remove the property from the jurisdiction of the court except pursuant to court order.
2.The court may, upon such terms and conditions as prescribed by it, order that the property be sold by an innocent party who holds a lien on or security interest in the property at any time during the proceedings.Any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest shall be paid into court pending final judgment in the forfeiture proceeding.No such sale shall be ordered, however, unless the obligation upon which the lien or security interest is based is in default.
3.Pending final judgment in the forfeiture proceeding, the court may make any other disposition of the property as may be provided by the laws of this state which is in the interest of justice.
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 and by virtue of an execution issued by an associate circuit judge.
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.
513.100 - 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.
513.400 - 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.
513.600 - Title.
Sections 513.600 to 513.645 shall be known and may be cited as the "Criminal Activity Forfeiture Act".
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.
513.355 - 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.
513.255 - 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.
513.651 - Money acquired by law enforcement agencies, use of funds.
The moneys acquired by law enforcement agencies pursuant to this section and sections 513.647 and 513.649 shall be used only by the law enforcement agency for the investigation or prosecution of criminal activity, the execution of court orders arising from such activity, the enforcement of drug-related crimes, training, drug education, and the safety of both the citizens and law enforcement officers.
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.
513.155 - 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.
513.120 - 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.
513.020 - Executions may issue, when.
Executions may issue upon a judgment at any time within ten years after the rendition of such judgment.
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.
513.320 - 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.
513.620 - Disposition of property after judgment.
Subject to the requirement of protecting the interest of all innocent parties, the court may after judgment of forfeiture make any of the following orders for disposition of the property:
(1)Destruction of contraband, the possession of which is illegal;
(2)Retention of the property by any innocent party having an interest therein, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property; such a plan may include, in the case of an innocent party who holds a lien on or security interest in the property, the sale of the property by said innocent party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest;
(3)Judicial sale of the property;
(4)Transfer of the property to any innocent party having an interest therein equal to or greater than the value of the property; or
(5)Any other disposition of the property as may be provided by the laws of this state which is in the interest of justice and adequately protects innocent parties.
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.
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.
513.475 - 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 fifteen thousand dollars, which is or shall be used by such person as a homestead, shall, together with the rents, issues and products thereof, be exempt from attachment and execution.The exemption allowed under this section shall not be allowed for more than one owner of any homestead if one owner claims the entire amount allowed under this subsection; but, if more than one owner of any homestead claims an exemption under this section, the exemption allowed to each of such owners shall not exceed, in the aggregate, the total exemption allowed under this subsection as to any one homestead.
2.Either spouse separately shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage or alienation is hereby declared null and void; provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying, mortgaging, alienating or in any other manner disposing of such homestead, or any part thereof.
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.
513.175 - 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.
513.375 - 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.
513.275 - 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.
513.465 - 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.
513.165 - 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.
513.065 - 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.
513.265 - 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.
513.365 - 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.
513.030 - 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.
513.130 - 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.
513.330 - 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.
513.230 - 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.
513.630 - Statute of limitations.
Notwithstanding any other provision of law, a proceeding under this act* may be commenced up until five years after the conduct terminates or the cause of action accrues.If a criminal prosecution or civil action is brought by the state relating to conduct which would constitute criminal activity as defined in section 513.605, then the running of the periodof limitations shall be suspended during the pendency of such prosecution or action by the state and for five years thereafter.
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.
513.430 - Property exempt from attachment — construction of section.
1.The following property shall be exempt from attachment and execution to the extent of any person's interest therein:
(1)Household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily for personal, family or household use of such person or a dependent of such person, not to exceed three thousand dollars in value in the aggregate;
(2)A wedding ring not to exceed one thousand five hundred dollars in value and other jewelry held primarily for the personal, family or household use of such person or a dependent of such person, not to exceed five hundred dollars in value in the aggregate;
(3)Any other property of any kind, not to exceed in value six hundred dollars in the aggregate;
(4)Any implements or professional books or tools of the trade of such person or the trade of a dependent of such person not to exceed three thousand dollars in value in the aggregate;
(5)Any motor vehicles, not to exceed three thousand dollars in value in the aggregate;
(6)Any mobile home used as the principal residence but not attached to real property in which the debtor has a fee interest, not to exceed five thousand dollars in value;
(7)Any one or more unmatured life insurance contracts owned by such person, other than a credit life insurance contract, and up to fifteen thousand dollars of any matured life insurance proceeds for actual funeral, cremation, or burial expenses where the deceased is the spouse, child, or parent of the beneficiary;
(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 public assistance benefit;
(b)A veteran's benefit;
(c)A disability, illness or unemployment benefit;
(d)Alimony, support or separate maintenance, not to exceed seven hundred fifty dollars a month;
(e)Any payment under a stock bonus plan, pension plan, disability or death benefit plan, profit-sharing plan, nonpublic retirement plan or any plan described, defined, or established pursuant to section 456.014, the person's right to a participant account in any deferred compensation program offered by the state of Missouri or any of its political subdivisions, or annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of such person and any dependent of such person unless:
a.Such plan or contract was established by or under the auspices of an insider that employed such person at the time such person's rights under such plan or contract arose;
b.Such payment is on account of age or length of service; and
c.Such plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as amended, (26 U.S.C. Section 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, profit-sharing plan, health savings plan, or similar plan, including an inherited account or 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, whether such participant's or beneficiary's interest arises by inheritance, designation, appointment, or otherwise, 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 department of social 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 subsection 2 of section 428.024 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;
(12)Firearms, firearm accessories, and ammunition, not to exceed one thousand five hundred dollars in value in the aggregate.
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.