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Supreme Court Rules



Section/Rule:
76.06

Subject:
Rule 76 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Executions
Publication / Adopted Date:
June 10, 1980

Topic:
Levy - How Made
Revised / Effective Date:
January 1, 1981

76.06. Levy - How Made

(a) Real Estate. A levy upon real estate shall be made by the sheriff endorsing the description of the real estate upon the execution.

(b) Tangible Personal Property Which Can Be Seized. A levy upon tangible personal property shall be made by the sheriff taking possession of the property unless such seizure is impracticable.

(c) Tangible Personal Property Where Seizure is Impracticable. A levy upon tangible personal property where seizure is impracticable shall be made by the sheriff posting a notice of the levy upon the property or as near as practicable thereto.

(d) Property Subject to Garnishment. A levy upon property subject to garnishment, as defined in Rule 90.01, shall be made as provided in Rule 90.

(e) Partnership Interest. A levy upon an interest in a partner-ship shall be made as provided in Section 358.280, RSMo.

(f) Security or Share. A levy upon a security or any share or other interest evidenced thereby shall be made by actual seizure thereof by the sheriff but if the security is in the possession of the issuer a levy may be made by serving a written notice of the levy upon the issuer.

(Adopted June 10, 1980, eff. Jan. 1, 1981.)

Committee Note - 1981