Chapter 521 Attachments
521.630 - When plaintiff shall answer.
When any such petition shall be exhibited, the plaintiff, being served with a copy and notice as aforesaid, shall appear and answer the same; and on his failure to do so, the petition shall be taken to be true, and judgment rendered accordingly.
521.530 - Costs adjudged as in other actions.
In all cases of interpleader, costs may be adjudged for or against either party, as in ordinary actions.
521.430 - Proceedings in case of defendant's death.
1.If a defendant, in any attachment cause, except on debts not due, die after the levy of writ, or the summoning of a garnishee under it, the action and attachment and issues, with the garnishees or interpleader, made or to be made, shall not by reason of such death be dismissed, or the lien of the attachment destroyed; but all such actions and proceedings shall be proceeded on to final judgment and determination, in all respects and in like manner as if the defendant were living.
2.The executor or administrator of the decedent, if any, shall be made a party to the cause in the manner provided by law in ordinary actions.If there be no executor or administrator the court in which the cause is pending shall appoint an attorney to defend against the cause and attachment until the executor or administrator shall be made a party and such attorney shall be paid for his services a reasonable compensation, to be allowed by the court and taxed as costs in the cause; provided, that the attachment plaintiff in case of attachment on a debt not due may, at his or her election, proceed in such action against the administrator on the merits of said cause, or dismiss such case and present such claim in the ordinary way in the probate division of the circuit court for allowance against the estate of such deceased defendant.
521.030 - The affidavit.
An affidavit alleging any one of the causes set forth in the several subdivisions of section 521.010, in the language of such subsection, shall be held good and sufficient.
521.130 - Attachment, how issued after suit is commenced.
The plaintiff in any civil action which shall have been commenced by summons, and without original attachment, may, at any time pending the suit and before final judgment, sue out an attachment in such action, on filing an affidavit and bond, as required in cases of original attachment.
521.330 - Receiver, report, money retained, how — compensation.
The receiver shall, when required, report his proceedings to the court, and shall hold all moneys collected, and all property received by him, subject to the order of the court.He shall receive such compensation as the court may allow.
521.230 - How issued, served and returned.
Such writs of attachment shall be issued, served and returned in the same manner, and the like proceedings shall be had thereon as are required or allowed on original attachments, in all things as near as may be.
521.830 - Officer, when not protected.
If such indemnification bond shall not be given within the time fixed by the court, then, and in that case, the officer levying or selling shall not be protected under this law, but the court may, in its discretion, order the said sheriff or other officer aforesaid not to pay over to the plaintiff any money made, acquired, received, or obtained under or by virtue of any such levy or sale, until such additional bond be given and approved by such court or judge.
521.820 - Effect of overruling objections.
If such objections shall be overruled by the court, such indemnification bond and the security therein shall be deemed good and sufficient so far as the liability of such sheriff or other officer aforesaid is concerned; but if such security shall be adjudged insufficient the court may, on motion of said claimant or sheriff or other officer aforesaid, order an additional indemnification bond to be given and filed in the suit within a certain time fixed by the court, and if such additional bond shall be given, and the security therein be approved of by such court, or the judge thereof, then such sheriff or other officer aforesaid shall be entitled to the protection of this law, the same as if he had taken good and sufficient indemnification bond.
521.620 - If not verified or collateral avoidance pleaded, effect of — judgment.
If the petition denying the cause of action be not verified by oath, or if the petition allege a setoff or other collateral avoidance of the original cause of action, the petitioner shall be required to prove his allegations, and, on his failure to do so, his petition shall be dismissed, and the original judgment shall stand absolute; and if any part thereof remain unpaid, a general judgment shall be rendered against him for the balance remaining unpaid.
521.420 - Motion to dissolve attachment, evidence — burden of proof — appeal bond — liability of sureties.
1.The court shall hear evidence upon the issue joined by the motion to dissolve the attachment, and the burden is upon the plaintiff to prove the ground of attachment; and the court shall make an order either sustaining or overruling the motion to dissolve and, if the motion is overruled, the attachment remains in full force and effect unless the plaintiff voluntarily dismisses the same.
2.Upon the trial of the case upon the merits, which shall be on the record, there shall be incorporated in the judgment rendered in the cause, as a part of such judgment, a finding and judgment either that the attachment is dissolved and the sureties thereon released, or that the attachment is sustained, the finding to be in accordance with the action of the court theretofore taken on the motion to dissolve the attachment.Either party may appeal from a judgment rendered after timely filing of a motion for a new trial and adverse action thereon.The giving of an appeal bond by the appellant in such amount as the court requires shall operate as a supersedeas of the judgment.If the bond is given by the plaintiff, it preserves the attachment in full force until the final determination of the appeal in the appellate court, or of the case upon a retrial in the trial court.The appeal shall be taken and perfected as in ordinary civil actions.
3.If the plaintiff, in case the judgment or findings are against him, fails to appeal or, if the appeal is dismissed, or, if upon an appeal the judgments or findings are affirmed, he and his sureties are liable on their bond for all damages and costs occasioned by the attachment or any subsequent proceedings connected therewith.
521.520 - Persons claiming attached property may interplead — affidavit — trial without delay.
Any person claiming property, money, effects or credits attached, may interplead in the cause, verifying the same by affidavit, and issues may be made upon such interplea, and shall be tried as like issues between plaintiff and defendant, and without any unnecessary delay.
521.120 - Suit on bond, setoff pleaded by obligor — costs, how adjudged.
In any suit on such bond, any obligor may avail himself of any setoff or counterclaim he may have against the party to whose use the suit is brought, with the same effect as if such party were the plaintiff; and if such setoff or counterclaim shall exceed in amount the damages proved in behalf of such party, judgment shall be rendered against him in favor of the defendant setting up the setoff or counterclaim for the amount of the excess and all proper costs.
521.020 - Attachments on demands not due — exceptions.
An attachment may issue on a demand not yet due in any of the cases mentioned in section 521.010, except subdivisions (1), (2), (3) and (4), but no judgment shall be rendered against the defendant until the maturity of the demand.
521.220 - Form of writ.
The form of the writ shall, as well as may be, conform to that of original attachments, reciting briefly the circumstances, except that the clause of the summons as to all defendants previously summoned shall be omitted.
521.320 - Receiver to give notice to debtor, how — effect.
The receiver shall forthwith give notice of his appointment to the persons indebted to the defendant.The notice shall be written or printed, and shall be served on each debtor, by a copy delivered to him, or left at his place of residence or business, or, if he resides in another county, by a copy deposited in the post office, and addressed to him at his place of residence; and from the date of such service and knowledge thereof, every such debtor shall stand liable, and shall account to the receiver for the amount of moneys and credits of the defendant in his hands, or due from him to the defendant.
521.800 - Officer, when liable.
If the security in such indemnification bond shall be adjudged insufficient, such sheriff or other officer aforesaid and his securities shall be liable to all parties injured in the same manner and to the same extent as if no such indemnification bond had ever been given unless an additional indemnification bond be given and approved by the court or judge thereof as herein provided.
521.400 - Proceedings where property of one of several defendants is attached — not delayed, when.
When there are two or more defendants in attachment, and the property, effects or credits of part of them are attached by garnishment, and the others are not summoned, the plaintiff may, at his option, proceed against those whose property, effects or credits have been attached, or continue the cause, and sue out new process against the other defendants; but when the property of one or more of the defendants has been actually seized or secured by bond, the cause shall not be delayed for the purpose of suing out new process against the other defendants, unless, for cause, the court so order.
521.500 - Controversies between plaintiffs, how and where adjudicated.
1.Where the same property is attached in several actions by different plaintiffs, against the same defendant, the court may settle and determine all controversies which may arise between any of the plaintiffs in relation to the property, and the priority, validity, good faith, force and effect of the different attachments, and may dissolve any attachment, partially or wholly, or postpone it to another, or make such order in the premises as right and justice may require.
2.If the writs issued from different courts of coordinate jurisdiction, such controversies shall be determined by that court out of which the first writ of attachment was issued; in order whereto, the cases originating in the other court shall be transferred to it, and shall thenceforth be there heard, tried and determined in all their parts, as if they had been instituted therein.
3.And when the defendant has been notified by publication, and does not appear, any plaintiff, in the circumstances contemplated in this section, may make any defense to any previous attachment, or to the action, which the defendant might; but no judgment on any issue made in such manner shall be binding on the defendant personally, or bar the plaintiff in an action so contested by an opposing plaintiff from again suing the defendant on the same cause of action.
521.600 - Proceedings to avoid debt.
In order to disprove or avoid the debt and damages, or damages as mentioned in section 521.590, the defendant may petition the court rendering the judgment, or the court to which the records and papers may have been removed, setting forth the grounds on which he resists the demand of the plaintiff, and furnish the plaintiff with a copy of the petition fifteen days before the same shall be presented, with a written notice, endorsed on the copy, of the day and place when and where the petition will be presented.
521.200 - Additional writs may issue, when.
If, at any time after the return of an attachment, it shall appear to the satisfaction of the court or clerk that the property, effects and credits attached will not be sufficient to satisfy the amount sworn to and costs, the court or clerk may award other writs of attachment, until sufficient property, effects or credits shall be attached to satisfy such amount and costs.
521.300 - Receiver appointed, by whom — oath and bond required — who may sue on bond.
The court, or in vacation the judge, may in a proper case, on the application of the plaintiff, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall enter into bond to the state of Missouri, in such sum as the court or judge may direct, and with security approved by the court or judge, for the faithful performance of his duty as receiver, and that he will pay over all money and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct.This bond may be sued on, in the name of the state, at the instance and to the use of any party injured.
521.100 - Suit dismissed for failure to give new bond.
If the plaintiff shall fail to comply with such order within ten days after the same shall be made, the suit shall be dismissed at his costs.
521.510 - Attaching creditor may maintain action to set aside fraudulent conveyance.
Any attaching creditor may maintain an action for the purpose of setting aside any fraudulent conveyance, assignment, charge, lien or encumbrance of or upon any property attached in any action instituted by him; and where several attachments in favor of different plaintiffs are levied on the same property, all or any number of such plaintiffs may join in the same action for that purpose.
521.410 - Issues raised by motion to dissolve.
In all cases where property, effects or credits are attached, the defendant may file a motion to dissolve the attachment, verified by affidavit, putting in issue the truth of the facts alleged in the affidavit on which the attachment was sued out.
521.610 - If cause of action be denied under oath, plaintiff must prove.
If the petition deny the cause of action on which the judgment was rendered, and be verified by the oath of the petitioner, the plaintiff shall be required to prove the same, and in default thereof, it shall be adjudged that the debt and damages, or damages, are disproved and avoided.
521.310 - Receivers, duties of — notes not taken by delivery bond — may sue — defenses not impaired.
When notes, bills, books of account, accounts or other evidences of debt are attached, they shall not be subject to be retained upon the execution of a delivery bond, as herein provided, but shall be delivered to the receiver, who shall proceed with diligence to settle and collect the same.For that purpose he may commence and maintain actions on the same, in his own name; but in such actions no right of defense shall be impaired.
521.210 - Such writs, how entitled.
Every writ of attachment sued out by virtue of either section 521.130 or 521.200 shall be entitled in the cause pending, and be in aid thereof.
521.010 - Attachment, when issued — parties to — causes for.
In any court having competent jurisdiction, the plaintiff in any civil action may have an attachment against the property of the defendant, or that of any one or more of several defendants, in any one or more of the following cases:
(1)Where the defendant is not a resident of this state;
(2)Where the defendant is a corporation, whose chief office or place of business is out of this state;
(3)Where the defendant conceals himself, so that the ordinary process of law cannot be served upon him;
(4)Where the defendant has absconded or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon him;
(5)Where the defendant is about to remove his property or effects out of this state, with the intent to defraud, hinder or delay his creditors;
(6)Where the defendant is about to remove out of this state, with the intent to change his domicile;
(7)Where the defendant has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors;
(8)Where the defendant has fraudulently concealed, removed or disposed of his property or effects, so as to hinder or delay his creditors;
(9)Where the defendant is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors;
(10)Where the defendant is about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder or delay his creditors;
(11)Where the cause of action accrued out of this state, and the defendant has absconded, or secretly removed his property or effects into this state;
(12)Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or for the seduction of any female;
(13)Where the debtor has failed to pay the price or value of any article or thing delivered, which by contract, he was bound to pay upon the delivery;
(14)Where the debt sued for was fraudulently contracted on the part of the debtor.
521.110 - Who may sue on bond — damages, how assessed.
The bond given by the plaintiff, or other person, in a suit by attachment, may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for the breach of the condition of such bond, and the damages shall be assessed thereon as on bonds with collateral condition.
521.810 - Objections to security, how made.
No objections to the security in any such indemnification bond shall be allowed if the same be not made by or for the party interested therein in writing within the first six days after the return days of such execution or attachment, unless the time for making such objections be extended for good cause by the court, and all of said objections shall be made in the court to which such writ is returnable and not elsewhere.
521.840 - Proceedings in case of more than one claimant.
Where more than one claim is made to any property levied on by any sheriff, marshal, or other duly authorized officer, the same proceedings shall take place in regard to each of such claims as is prescribed in regard to a claim in this law.
521.240 - Property subject to attachment.
Under an attachment, the officer shall be authorized to seize, as attachable property, the defendant's account books, accounts, notes, bills of exchange, bonds, certificates of deposit, and other evidences of debt, as well as his other property, real, personal and mixed, and any and all judgment debts of the defendant, as well where the judgment or judgments may exist in the court out of which such writ may issue, as where the same may exist in any other court within the jurisdiction of the court out of which such writ may issue; but no property or wages declared by statute to be exempt from execution shall be attached, except in the case of a nonresident defendant, or of a defendant who is about to move out of the state with intent to change his domicile.
521.340 - Sheriff to act as receiver, when — his rights, duties and liabilities.
Until a receiver is appointed, the attaching officer shall have all the powers and perform all the duties of a receiver under sections 521.010 to 521.650, and may commence and maintain actions in his own name, as such officer, on debts or evidences of debt attached.He may, in such case, be required to give security other than his official bond; but, if not so required, the sureties in his official bond shall be held liable, as in other cases of his official action.
521.140 - Form of original writs, to whom directed — contents.
The original writ of attachment shall be directed and delivered to the sheriff, or other officer authorized by law to serve the same, and shall command him to attach the lands, tenements, goods, chattels, rights, moneys, credits, evidences of debt and effects of the defendant, or so much thereof as will be sufficient to satisfy the plaintiff's claim, as sworn to, with interest and costs, and to summon as garnishees all persons in whose hands or possession any personal property, rights, credits, evidences of debt, effects or money of the defendant may be, or who may be named by the plaintiff or his attorney as garnishees.When the action is commenced by attachment, the writ shall further contain a summons to the defendant, of the nature and effect of an ordinary summons, to appear and answer the action of the plaintiff.
521.040 - Issuance on demands less than fifty dollars.
Attachments may issue from circuit courts for a sum less than fifty dollars and not less than five dollars, when, in addition to the affidavit herein required, it shall be stated by the affiant that the defendant has not, to affiant's knowledge, any goods, chattels, effects or credits, within the state, liable to attachment issued by an associate circuit judge.And in all cases where such attachment shall have issued, such court shall have and retain jurisdiction of the entire cause, and if the attachment is for any reason dissolved, such court may proceed to try the cause on its merits, the same as in cases of attachments for sums of fifty dollars or more.
521.440 - Powers of the attorney under section 521.430.
The person appointed attorney, as directed, shall, as long as his appointment continues in force, be deemed, to all intents and purposes, the representative of the decedent, and shall have the same power to file pleadings, order process, or take any other steps in the defense, as the decedent would have were he living.
521.540 - When creditors may defend.
In all suits by attachments, the court in which such suits are pending may, for the furtherance of justice, in its discretion, permit any person or persons who are creditors of the same defendant to appear in said suits on behalf of the defendant and make all such defenses as the defendant could make.
521.740 - Bond and affidavit filed before circuit clerk issues writ of attachment.
If there be not a sufficient affidavit and bond certified with the associate circuit judge's record, and other papers in the cause, the clerk shall not issue a writ of attachment until a sufficient affidavit and bond be filed.
521.640 - Proceedings when setoff is pleaded.
When the petition alleges a setoff, or other collateral avoidance of the cause of action, the plaintiff may answer the same, as in ordinary actions; and, in default of such answer, judgment may be taken in like manner and with like effect as in ordinary actions.
521.350 - Practice in civil cases to govern in absence of special rules.
In all cases not specially provided for by sections 521.010 to 521.650, all pleadings and other proceedings in attachment causes shall conform to and be governed, as near as may be, by the laws regulating the practice in civil cases; and the respective courts may prescribe by rule the time and manner of interpleading, of exhibiting and filing papers, or taking any other needful steps therein, when the same are not prescribed by law; but nothing herein contained shall be construed to prevent the defendant from pleading to the merits of any action instituted upon a demand not due, at any time before the maturity thereof.
521.250 - Shares of stock subject to attachment.
Shares of stock in any bank, association, joint-stock company or corporation, belonging to any defendant in any writ of attachment, may be attached in the same manner as the same may be levied upon under execution.
521.050 - Suits by attachment — affidavit and bond — exceptions.
Any plaintiff wishing to sue by attachment may file in the clerk's office of the court in which the attachment is instituted a petition or other lawful statement or exhibit of his cause of action, and, except in suits instituted by the state or a county in its own behalf, and also, except in cases where the defendant is not a resident of the state of Missouri, in either of which cases no bond shall be required, shall also file an affidavit and bond, and, thereupon, such plaintiff may sue out an original attachment against the lands, tenements, goods, moneys, effects and credits of the defendant in whose hands soever the same may be; and where the affidavit for an attachment states that the plaintiff will lose his claim, unless the writ of attachment issues, and be served on Sunday or any other legal holiday, the writ may be issued and served on that day; provided, that when any writ of attachment has issued against a nonresident and the plaintiff has given no bond, the attachment shall be dissolved as of course, and the lands, tenements, goods, moneys, effects and credits of the defendant taken or levied upon under such writ of attachment shall be released therefrom, upon the defendant entering his appearance and filing his answer to the merits of the case; unless the plaintiff shall, within ten days from the date of the filing and service of defendant's answer and entry of appearance, file his bond in said case in double the amount sworn to in the affidavit of the plaintiff; provided, however, upon good cause shown, the judge may grant an additional ten days to file said bond; the bond herein provided for as to its effect and the obligation of the parties thereto shall be the same as if filed before the writ of attachment was issued.
521.150 - Original writs, how issued and returned.
Original writs of attachment shall be issued and returned in like time and manner as ordinary writs of summons.
521.550 - Judgments on constructive service bind only property attached.
Any judgment rendered against any defendant after such defense, without personal service on the defendant, or his appearance to the action, shall bind only the property and effects attached, and execution shall issue only in the manner provided by law upon other judgments entered by default, on proof of publication of notice.
521.450 - No execution to issue on judgment, when — property sold, how.
If judgment shall be rendered on the attachment in favor of the plaintiff, as provided in section 521.430, no execution shall issue thereon, requiring the sale of any property or effects attached, as belonging to the defendant; but all such property and effects shall be sold, and the proceeds thereof appropriated in the manner provided by law respecting administrators and executors.
521.650 - Issues tried as in ordinary actions — costs adjudged, how.
All issues joined by or under such petitions shall be tried as like issues joined in ordinary actions, and the costs shall be the same, and the same judgment shall be rendered for them; and if the judgment be against the original plaintiff, he shall be adjudged also to pay all costs in the original proceedings.
521.750 - Bond may be exacted, when.
When any sheriff, marshal, or other duly authorized officer shall levy an execution or attachment on any personal property, and any person other than the defendant in such execution or attachment shall claim such property or any interest therein, such officer may demand of the plaintiff or his agent in such execution or attachment a sufficient indemnification bond with at least two good and sufficient sureties, to be approved of by such officer, and may refuse to execute such execution or attachment until such indemnification bond be given.
521.850 - Claim to state value of property.
1.Every claim made under this law or the law to which it is amendatory shall state the value of the property or interest claimed, and the indemnification bond demandable of the plaintiff or his agent shall be in double the value stated in the claim; but if such value is objected to by the plaintiff or his agent the officer having the property in custody shall proceed to ascertain the real value of such property or interest claimed in the same manner as is prescribed by the law for the time being for the valuation of property exempt from execution; and in such cases said indemnification bond shall be in double the value of such property or interest as ascertained by such appraisement.
2.Any indemnification bond taken, as aforesaid, with good and sufficient security, shall be deemed an indemnification bond within the meaning of the law to which this law is amendatory; and every such indemnification bond shall be conditioned as the bond which, by the thirtieth section of the "act to regulate executions", approved December 1, 1855, chapter 63 of the revised statutes of 1855, the plaintiff may tender to the sheriff after claim made to goods levied on under execution.
521.070 - Bond, by whom executed — conditions.
The bond shall be executed by the plaintiff, or some responsible person as principal, and one or more sureties, resident householders of the county in which the action is to be brought, in a sum at least double the amount sworn to in the affidavit, payable to the state of Missouri, conditioned that the plaintiff shall prosecute his action without delay and with effect, refund all sums of money that may be adjudged to be refunded to the defendant, or found to have been received by the plaintiff and not justly due to him, and pay all damages and costs that may accrue to any defendant, garnishee or interpleader by reason of the attachment, or any process or proceeding in the suit, or by reason of any judgment or process thereon, and pay all damages and costs that may accrue to any sheriff or other officer by reason of acting under the writ of attachment, following the instructions of the plaintiff.
521.170 - Manner of serving writ.
The manner of serving writs of attachment shall be as follows:
(1)The writ and petition shall be served upon the defendant as an ordinary summons;
(2)Garnishees shall be summoned by the sheriff or other proper officer, declaring to them that he does summon them to appear at the return term of the writ to answer the interrogatories which may be exhibited by the plaintiff, and by reading the writ to them, if required;
(3)When lands or tenements are to be attached, the officer shall briefly describe the same in his return, stating the quantity and situation, and declare that he has attached all the right, title and interest of the defendant in the same or so much thereof as shall be sufficient to satisfy the debt and interest, or damages and costs; and shall also file in the recorder's office of the county where the real estate is situated an abstract of the attachment, showing the names of the parties to the suit, and the amount of the debt, the date of the levy, and a description of the real estate levied on by the same, which shall be duly recorded in the land records and the recording paid for by the officer, and charged and collected as other costs; and the officer shall moreover give notice to the actual tenants, if any, at least ten days before the return day of the writ, and state the fact of such notice and the names of the tenants in his return;
(4)When goods and chattels, money or evidences of debt are to be attached, the officer shall take the same and keep them in his custody, if accessible; and if not accessible, he shall declare to the person in possession thereof that he attaches the same in his hands, and summons such person as garnishee;
(5)When the credits of the defendant are to be attached, the officer shall declare to the debtor of the defendant that he attaches in his hands all debts due from him to the defendant, or so much thereof as shall be sufficient to satisfy the debt and interest, or damages and costs, and summon such debtor as garnishee.
521.370 - Proceedings where defendant is personally served or appears.
When the defendant is summoned to appear, or shall appear voluntarily, the like proceedings shall be had between him and the plaintiff as in ordinary actions commenced by summons, and a general judgment may be rendered for or against the defendant.
521.270 - Sale of perishable property — when and by whom ordered, how made.
When property shall be actually seized which is likely to perish or depreciate in value before the probable termination of the suit, or the keeping of which would be attended with much loss or expense, the court may order the same to be sold by the officer having charge of the property, and a return of the proceedings thereon to be made by the officer at a time to be fixed therein, and the sale shall be conducted in like manner, as near as may be, as sales of goods under writs of fieri facias.
521.770 - Third-party claim to be in writing.
No claim made to any personal property levied on as aforesaid shall be valid or lawful as against such officer, unless such claimant or his agent shall set forth his claim in writing, verified by the affidavit of such claimant or his agent, describing the property claimed and stating his interest therein and whether it is in the whole or only part thereof and stating also that he is in good faith the lawful owner of the interest claimed by him in said property; that the defendant in such execution or attachment has no right or title, directly or indirectly, in the interest in said property claimed by said claimant; and that such claim is not made in collusion with said defendant for the purpose of vexing, hindering or delaying the plaintiff in obtaining his just rights.
521.570 - When execution returned unsatisfied, bonds to be assigned — judgment rendered on motion — damages.
Whenever it shall appear from the return of the officer upon an execution issued in an attachment suit, that none of the property attached has been found, or only a part thereof, and that said execution is not fully satisfied, the court shall direct the officer to assign to the plaintiff, his executor or administrator the bonds taken by him for the forthcoming of the property attached; and such court may, upon motion, render judgment in favor of the plaintiff, his executor or administrator, against the obligors in the bond, for the value of such property, or if the value of such property should be greater than the amount due upon execution, then for the amount due, together with twenty percent damages upon such value or amount.
521.470 - Defendant may plead to merits, when.
Every defendant not served with a summons may, at any time before final judgment against him, appear and plead to the merits of the action on such terms as the court may direct.
521.870 - Proceedings for the distribution of money.
Whenever money made on any execution or executions or other writ or writs is brought into the court out of which the eldest of such executions or other writs was issued, such court shall order the distribution or payment of such money on the motion of any person interested therein and on such notice as the court may, by rule or otherwise, direct.On his compliance with such order, the officer returning such execution or executions or other writ or writs shall be discharged of his liability for such money; but from any such final order an appeal shall lie as in other cases, and nothing herein contained shall be construed to discharge any officer from liability for not properly executing any process or for a false return thereon.
521.860 - Court may require bond, when.
1.Whenever suit is brought against any sheriff, marshal, or other duly authorized officer or his sureties or the representatives of any of them on account of any levy on or sale of any property or interest therein, and notice of such levy or sale was made, said court shall not order the payment of the proceeds of such sale to the party or parties who may appear to be entitled to the same unless such parties shall have given a bond as required in section 521.850 or shall forthwith give such bond.
2.The court in which such suit is brought may, in its discretion, permit any person who has given bond as aforesaid to be joined as defendant in such suit.
3.If in any such suit the plaintiff shall establish his right to any property or interest levied on or sold as aforesaid, the officer against whom such suit is brought, his sureties, and the legal representatives of any of them shall thereupon have a right to recover back any money paid as made on the levy or sale to which such suit related, and if such levy or sale was made by direction or authority of any person interested in the same or his agent shall also have a right to recover of the person so directing or authorizing such levy or sale all damages which such officer, his sureties, or the legal representatives of any of them may have paid on account of any such levy or sale.
521.160 - Separate writs may issue to different counties, when.
When there are several defendants, who reside or have property in different counties, and when a single defendant in any such action has property or effects in different counties, separate writs may issue to every such county.
521.060 - Form of affidavit, by whom made.
The affidavit shall be made by the plaintiff, or some person for him, and shall state that the plaintiff has a just demand against the defendant, and that the amount which the affiant believes the plaintiff ought to recover, after allowing all just credits and setoffs, is ______ dollars, and that he has good reason to believe, and does believe, in the existence of one or more of the causes which according to the provisions of section 521.010 would entitle the plaintiff to sue by attachment.
521.260 - Attached property retained by defendant before judgment or sale — bond, conditions.
When property of the defendant found in his possession or in the hands of any other person shall be attached, the defendant, or such other person, may retain or regain the possession thereof at any time before final judgment or sale of such property under the order of court, by giving bond and security to the satisfaction of the officer executing the writ, or other proper officer, to the sheriff, his successor or their assigns, in double the value of the property attached, conditioned that the same shall be forthcoming when and where the court shall direct, and shall abide the judgment of the court.
521.360 - Personal service or appearance, effect of — property of defendant, how affected by judgment and execution.
When the defendant has been served with the writ, or appears to the action, the proceedings in the cause shall be the same as in actions instituted by summons only, and the judgment and execution shall hold, not only the property attached, but the other property of the defendant.
521.760 - Form of bond.
Such bond shall be made payable to the state of Missouri, conditioned that such plaintiff will pay to such claimant all damages that he, the said claimant, may sustain in consequence of such levy and in consequence of any sale which may be made under or by virtue of such execution or attachment; and the officer taking such bond shall return the same with such execution or attachment.
521.660 - Provisions relative to attachment to apply to proceedings before circuit and associate circuit judges.
The provisions of law governing attachments shall apply to proceedings before circuit judges and before associate circuit judges in the same manner except as may be specifically provided otherwise.
521.460 - Court or judge not to order sale of property after death of defendant — how sold.
After the death of any defendant, no court or judge shall order, as above directed, the sale of any property or effects attached as belonging to such decedent, but the same shall be sold and the proceeds thereof appropriated in the manner provided by law respecting administrators and executors.
521.560 - Executions, how awarded.
Executions may be awarded and issued on judgments rendered as provided by sections 521.010 to 521.650, according to the circumstances of each case, as follows:
(1)Where there is a general judgment against the defendant, the execution shall be a common fieri facias, which may be levied upon all the property of the defendant subject to execution, whether attached in the cause or not;
(2)Where there is a special judgment against the property, money or effects attached, the execution shall be a special fieri facias against such property, money or effects only, and may be levied upon the same whether in the hands of the officer or secured by bond, as provided in these sections, and shall not be for more than the amount sworn to in the affidavit for the attachment, with interest and costs thereon.
521.480 - Attachments, how dissolved — affidavit may be amended.
Attachments in circuit courts may be dissolved on motion made in behalf of the defendant, at any time before final judgment, in the following cases:
(1)When the affidavit on which the same was founded shall be adjudged by the court insufficient; but no attachment shall be dissolved in such case, if the plaintiff shall file a good and sufficient affidavit, to be approved by the court, in such time and manner as the court shall direct; such affidavit may embrace the same ground of attachment set forth in the previous affidavit, or any other grounds, or both, at the option of the affiant;
(2)When the defendant shall appear and plead to the action, and give bond to the plaintiff, with good and sufficient security, to be approved by the court, in double the amount of the property, effects and credits attached, conditioned that such property, effects and credits shall be forthcoming, and abide the judgment which shall be rendered in the cause, when and where the court shall direct;
(3)When the defendant shall appear and plead to the action, and give like bond and security in a sum sufficient to satisfy the amount sworn to, in behalf of the plaintiff, with interest and costs of suit, conditioned that the defendant shall pay to plaintiff the amount which may be adjudged in favor of the plaintiff, interest and all costs of suit.
521.580 - Notice to obligors in bond.
No judgment shall be rendered upon such motion, unless the plaintiff shall have given the obligors in the bond at least fifteen days' notice, in writing, of such motion.
521.780 - Action on bond.
If the claimant shall be injured or damaged in consequence of any levy or sale under or by virtue of such execution or attachment, and shall in good faith be the owner of the interest claimed by him in the property levied on or sold as aforesaid, he, the said claimant, may bring a civil action on such bond in the name of the state, to his own use, against such plaintiff and his sureties, or any or either of them, in the usual manner of bringing actions on penal bonds or may proceed thereon by motion in open court, first giving to the parties proceeded against in said bond twenty days' notice of such motion.
521.280 - Order of sale, to whom delivered, return — disposition of proceeds.
The order of sale, when made in vacation, shall be delivered to the clerk of the court and filed in the cause; and the clerk shall deliver to the officer having charge of the property a copy of every order of sale, whether made in term or vacation; and such officer shall make return thereof to the court, at such time as shall be expressed in the order, showing how he has executed the same; and the proceeds of such sale shall be paid into court or otherwise disposed of as the court or judge may order.
521.380 - Proceedings upon constructive service — judgment not to exceed amount sworn to.
When the defendant shall be notified by publication, as directed, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment in like manner as in ordinary actions; but in no case shall judgment be rendered against the defendant for a greater amount than that sworn to by the plaintiff at the time of obtaining the attachment, with interest, damages and costs.
521.180 - Return of writ.
The officer executing a writ of attachment shall return with the writ all bonds taken by him in virtue thereof, and a schedule of all property and effects attached.
521.080 - Bond, by whom approved — attachment not to issue until.
The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavit and petition or other lawful statement of the cause of action, shall be filed before an attachment shall be issued; provided, that in all cases where the clerk shall be a party to the suit, the sheriff shall pass on and determine the sufficiency of the bond.
521.880 - Bond under claim for specific property.
In a suit for the possession of specific personal property, the bond required of the plaintiff and that which may be given by the defendant shall be in double the sum stated in the affidavit as the value of the property claimed; but the defendant or his agent may, on the taking of the property claimed or at any time before the delivery of the same to the plaintiff, demand in writing an appraisement thereof, which appraisement shall then be made in the same manner as by the law, for the time being, appraisement is directed to be made of property exempt from execution; and if such appraised value exceed the value stated in the affidavit then such property shall not be delivered to the plaintiff unless a new bond be given in double such appraised value, and in other respects similar to the bond required of the plaintiff, by the law for the time being, before the delivery of property so claimed.
521.890 - Nature and extent of law.
This law and the law to which it is amendatory shall be public acts, and shall apply only to the city of St. Louis; and this law shall take effect from its passage.
521.590 - Proceedings to avoid judgments on constructive notice — when defendant has two years to plead.
In cases where judgment is rendered against the defendant, upon publication of notice, without service of a summons or his appearance to the action, he shall be allowed two years, and no longer, from the date of the judgment, to appear and disprove or avoid the debt or damages adjudged against him, or any part thereof.
521.490 - Effect of dissolution.
When any attachment shall be dissolved, all proceedings touching the property and effects attached, and the garnishee summoned, shall be vacated, and the suit shall proceed as if it had been commenced by summons only.
521.790 - Officer not liable, when.
When said sheriff or other officer aforesaid shall take an indemnification bond as aforesaid with good and sufficient security, he shall not be liable to such claimant for any damage or injury sustained by such claimant in consequence of such levy or sale under or by virtue of such execution or attachment.
521.390 - Judgment upon constructive service, effect of.
Such judgment shall bind only the property and effects attached, and no execution shall issue against any other property of the defendant; nor shall such judgment be any evidence of debt against the defendant in any subsequent suit.
521.290 - Compensation of officer.
When property is seized on attachment, the court may allow to the officer having charge thereof such compensation for his trouble and expenses in keeping the same as shall be reasonable and just.
521.090 - New bond, when required — notice.
If, at any time pending a suit by attachment, it shall appear to the court before which the action is pending that the bond given by the plaintiff is insufficient, or that any surety therein has died, or has removed from the state, or has become or is likely to become insolvent, the court may order another bond and such further security to be given as shall seem necessaryfive days' previous notice, in writing, having been given to the plaintiff, his agent or attorney, of the application for such order.
521.190 - Officer liable for insufficient bond — motion for new bonds, when made.
If the officer fail to return a good and sufficient bond in any case where a bond is required by law, the court may, upon motion of the plaintiff, rule the officer to file a good and sufficient bond, to be judged of by the court on or before the day to which the writ is returnable; and in default thereof, such officer shall be held and considered as security for the performance of all acts, and the payment of all money, to secure the performance and payment of which such bond ought to have been taken, and he and his sureties shall be liable therefor on his official bond; but no such motion shall be made unless at the time when the writ is returnable or within six days thereof.