Rule 76 | Executions

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.01 | Application for Execution

An execution may be issued on application signed by the party or his attorney and stating the address of the person making the application.

Committee Note – 1981

This is new.

(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: July 01, 2006

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.02 | [REPEALED]

[Repealed by order dated December 20, 2005, effective July 1, 2006.]

(Adopted June 10, 1980, effective January 1, 1981. Repealed December 20, 2005, effective July 1, 2006.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.03 | Execution Against Heirs

If there is a judgment against a deceased person whose estate has not been administered, an execution may be issued against his heirs to seize any property which belonged to the decedent at the time of his death.

Committee Note – 1981

This is substantially the same as prior Rule 76.03.

(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1983

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.04 | Execution – When Returnable

An execution shall be returned at a date designated by the applicant, which shall not be less than thirty days nor more than ninety days after it is issued.

When an execution is levied upon property and a sale is not made before the return date of the execution, the execution and any lien created thereby shall remain in force for one hundred eighty days after the issuance of the execution or until the property is sold, whichever period is shorter.

Committee Note – 1983

The first paragraph is a change from prior Rule 76.04 in that it shortens the maximum return date for an execution from one year to ninety days. It is substantially the same as prior Rule 76.04, which was repealed on January 1, 1981.

The second paragraph is substantially the same as prior Rules 76.47 and 76.48, which were repealed on January 1, 1981.

Committee Note – 1981

This is new.

Compare: Prior Rule 76.04.


(Adopted June 10, 1980, effective January 1, 1981. Amended May 18, 1981, effective January 1, 1982; amended June 24, 1982, effective January 1, 1983.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.05 | How Directed and Executed

Executions shall be directed to "any sheriff in the State of Missouri" and may be executed in any county by the sheriff of that county. More than one execution may be outstanding at the same time.

Committee Note – 1981

This is substantially the same as prior Rules 76.05 and 76.06.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

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.

Committee Note – 1981

This is new.

See Sections 400.8-102 and 400.8-317, RSMo in connection with paragraph (f).

Compare: Prior Rules 76.13, 76.19 and 76.20.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.07 | When Levy Creates Lien

A levy creates a lien upon personal property. A levy upon real estate not already subject to a lien of the judgment shall create a lien upon the filing of a notice of the levy with the recorder of deeds in the county in which the land is located. The notice of the levy shall contain a description of the real estate.

Committee Note – 1981

This is substantially the same as prior Rule 76.17.

(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: February 11, 1987

Most Recently Effective: July 01, 2016

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.075 | Exemptions

(a) The requirements contained within Rule 76.075 are applicable exclusively to writs of execution. Within five days after an officer has levied an execution, the officer shall notify the person against whom the execution has issued that an execution has been levied, that certain property, if any, is exempt under sections 513.430 and 513.440, RSMo, and that the person has the right to hold the property as exempt from attachment and execution. The officer also shall generally state that there are certain exemptions under state and federal law that the judgment debtor may be able to claim with respect to the property levied upon and describe the procedure for claiming the property as exempt. The notice also shall inform the person against whom the execution issues of the manner in which the person may obtain a specific description of the property upon which the levy was made. The notice may be served in the same manner as a summons or by mailing the notice to the judgment debtor at the debtor's last known address by regular mail. Service by mail shall be complete upon mailing.

(b) The judgment debtor may claim any exemption by filing a verified request with the levying officer within 20 days after notice of the levy. Any exemption allowed by federal law may be claimed at any time prior to the sale of property or disbursement of funds. Upon receipt of a verified request, the levying officer shall notify the party requesting the execution forthwith that a claim of exemption has been filed. The party requesting the execution may object to any claim for exemption within ten days of the filing of the verified request by filing a request for court review.

(c) If a request for court review is not timely filed, the levying officer shall release from execution the items claimed as exempt by the judgment debtor. If a request for court review is timely filed, the exemption claim shall first be reviewed and determined by the court before the levying officer shall release the items claimed as exempt. Any hearing required by the court shall be expedited, shall be held not later than 30 days after the filing of the request for court review, and shall be held upon not less than five days notice of the hearing to all parties in interest.


(Adopted February 11, 1987, effective January 1, 1988. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended December 23, 2015, effective July 1, 2016.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.08 | Receiver – When Appointed

When property is seized on execution the court may appoint a receiver pursuant to Rule 68.02, who may be the sheriff holding the execution or some other person or corporation.

Committee Note – 1981

This is new.

Compare: Prior Rules 76.14 and 76.15.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.09 | Election of Property to be Levied Upon

The person whose property is levied upon may elect the property, real or personal, to be levied upon. The election shall be made by delivering to the sheriff a list of property selected which is sufficient to satisfy the execution. The sheriff shall levy only upon the property selected unless the sheriff believes the property selected is not sufficient to satisfy the execution.

Committee Note – 1981

This is substantially the same as prior Rule 76.21.


(Adopted June 10, 1980, effective January 1, 1981. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.10 | Who May Intervene

Any person, except the judgment debtor, claiming an interest in property which has been levied upon may intervene in the execution proceedings pursuant to Rule 52.12.

Committee Note – 1981

This is new.

Compare: Prior Rules 76.22 and 76.23.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.11 | Execution on Real Estate – Amount to be Sold

When an execution is levied upon real estate, the sheriff levying the same shall divide such property, if susceptible of division, and sell so much thereof, as will be sufficient to satisfy such execution, unless the person whose property is levied upon desires the whole of any tract or lot of land to be sold together.

Committee Note – 1981

This is substantially the same as prior Rule 76.24.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.12 | Election of Order of Sale

The person whose property is levied upon may elect the order of sale by delivering to the sheriff a statement, in writing, of such election at least three days before the day of the sale, stating specifically the order of sale desired. The sheriff shall proceed according to such election.

Committee Note – 1981

This is substantially the same as prior Rule 76.25.

(Adopted June 10, 1980, effective January 1, 1981. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.13 | Notice of Sale of Personal Property

Before selling personal property under an execution, the sheriff, at least ten days before the sale, shall post three notices in public places in the township in which the sale is to be held. The notices shall describe the property to be sold, shall state the time and place of sale, and shall state the methods of payment approved by the judgment creditor.

If the court finds that the personal property is likely to perish or is likely to depreciate in value to a considerable extent, the period of notice may be shortened or eliminated.


(Adopted June 10, 1980, effective January 1, 1981. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.14 | Retention of Personal Property Pending Sale

The person whose personal property has been levied upon may retain or regain possession of the property until the time of sale, by giving bond, in favor of the judgment creditor executed by such person as principal and one or more sufficient sureties, approved by the sheriff, in double the value of such property, conditioned upon the delivery of the property at the time and place of sale.

Committee Note – 1981

This is substantially the same as prior Rule 76.27.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.15 | Execution Sales of Land – Where Held

Execution sales of land shall be held at the courthouse door designated in the notice of sale. If the land is located in only one county the sale of the land shall be held in that county. If the lands are located in more than one county but are contiguous the sale of the land shall be held in any county where any part of the land is located. If the land is located in more than one county but in separate tracts, the sale or sales shall be held in the county or counties in which any of the land is located which the court designates.

Committee Note – 1981

This is new.

Compare: Prior Rule 76.36.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 2004

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.16 | Notice of Sale

Notice of a sale of land under execution shall be published in each county in which any of the land to be sold is located.

The notice shall state the time and place of sale, what land is to be sold and where situated, and the methods of payment approved by the judgment creditor.

The notice shall be published at least once a week for four successive weeks and shall appear on the same day of each week. The last insertion shall not be more than one week prior to the day of sale.

The notice shall be published by advertisement in some newspaper printed in the county, if there be one regularly published, weekly or daily. If there is no such newspaper, then the publication shall be in a newspaper designated by the court.


(Adopted June 10, 1980, effective January 1, 1981. Amended June 1, 1993, effective January 1, 1994; amended April 25, 2003, effective January 1, 2004.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.17 | Notice to Person Whose Land is Levied Upon

At least thirty days before the sale of land the judgment creditor shall serve a notice of sale on the person whose land is levied upon by personal service or by mailing a copy thereof to the person's last known address.

Service may be shown by acknowledgment of receipt, written return of service, or by affidavit or by written certificate of counsel making such mailing.

Proof of service shall be filed in the court.


(Adopted June 10, 1980, effective January 1, 1981. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.18 | Sale – How Conducted

All property taken in execution by any officer shall be exposed to sale on the day for which it is advertised, between the hours of nine in the forenoon and five in the afternoon, publicly, by auction, for ready money, and the highest bidder shall be the purchaser. If approved by the judgment creditor and included in the notice of sale, the sheriff may accept payment by cashier's check, money order, or other method.

If there is insufficient time to sell all of the property during any one day, the sheriff shall continue such sale from day to day at the same place, shall announce that the sale is being adjourned, and shall announce the date and time the sale will recommence.


(Adopted June 10, 1980, effective January 1, 1981. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.19 | Resale When Purchaser Fails to Pay Purchase Price

If the purchaser at an execution sale fails to pay the purchase price under the terms of the sale, the sheriff making the sale shall resell the property. Upon motion by the sheriff to the court out of which the execution was issued or the circuit court of the county in which the sale was held, the court may enter a judgment against such purchaser for any loss occasioned by his failure to pay, and for costs. The sheriff may refuse bids of a purchaser who has so failed to pay. The sheriff shall not be liable for the amount of a bid which the purchaser fails to pay.

Committee Note – 1981

This is substantially the same as prior Rules 76.42, 76.43 and 76.44.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.20 | Sheriff Not to Purchase Property

Neither the sheriff conducting an execution sale nor his deputies, nor any person for them, shall purchase at such sale and all purchases so made shall be void.

Committee Note – 1981

This is substantially the same as prior Rule 76.45.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.21 | Personal Property to be Delivered – Bill of Sale Given, When

A sheriff conducting an execution sale of personal property shall, upon payment of the purchase price, deliver the personal property to the purchaser and, upon request, execute and deliver a bill of sale to the purchaser.

Committee Note – 1981

This is substantially the same as prior Rule 76.46.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.22 | Assignment of Security or Share

When any security or any share or other interest evidenced thereby is sold under execution, the sheriff making such sale shall execute and deliver to the purchaser an instrument in writing, reciting the sale and payment of the consideration and assigning to the purchaser such security, or any share or other interest evidenced thereby.

Committee Note – 1981

This is new.

Compare: Prior Rule 76.49.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.23 | Deed for Real Estate Sold Under Execution

(a) Contents of Deed. The deed of the sheriff who has sold real estate or a lease for more than three years shall contain the names of the parties to the execution, the description of the property and the time, place, and manner of sale. The deed shall be prepared at the cost of the purchaser at the sale.

(b) Acknowledgment. The officer shall acknowledge his signature to the deed before the circuit court of the county in which the sale is held. If the sheriff who has sold real estate under an execution fails to acknowledge his signature in open court, such deed may be proved in court as other deeds.

(c) Certification by Clerk. The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry of the acknowledgment or proof, with the names of the parties to the suit, and a description of the property conveyed.

Committee Note – 1981

Paragraph (a) is substantially the same as prior Rule 76.50.

Paragraph (b) is substantially the same as prior Rule 76.51.

Paragraph (c) is substantially the same as prior Rule 76.52.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.24 | Duties of Sheriff to be Performed by Successor

When the authority of a sheriff to whom a writ of execution has been delivered has been terminated before the sheriff has performed all of the duties in executing the writ, other than acknowledgment of a deed executed by the sheriff, such other duties as have not been performed shall be performed by the sheriff's successor or other person authorized by law to perform the duties of the sheriff.

Committee Note – 1981

This is substantially the same as prior Rules 76.54, 76.55, 76.56, 76.57 and 76.58.


(Adopted June 10, 1980, effective January 1, 1981. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.25 | Stay or Quashing of Execution – Bond

The person whose property has been levied upon may apply to the judge of the division of the court out of which the same was issued for a stay of execution or to quash the execution. Reasonable notice of the time of the hearing on the application shall be given to opposing parties. The application shall be by petition setting forth good cause why the execution should be stayed or quashed. The court may require the petitioner to provide a sufficient bond with adequate security approved by the court, conditioned upon the delivery of the property.

Committee Note – 1981

This is new.

Compare: Prior Rules 76.60, 76.61 and 76.62.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.26 | Breach of Bond – Judgment

Upon breach of the condition of a bond given under this Rule 76, the obligee may file a motion in the court in which the action is pending for judgment on the bond against obligor and his sureties, or any of them. A copy of the motion, and a notice of the time and place for hearing shall be served pursuant to Rule 54 upon each person against whom a judgment on the bond is sought. Any judgment on the bond shall be for the amount of the actual damages resulting from the breach of its conditions, not to exceed the amount of the bond, together with obligee's reasonable attorneys' fees and costs.

Committee Note – 1981

This is substantially the same as prior Rule 76.59.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.27 | Examination of Judgment Debtor

When an execution is returned unsatisfied the judgment creditor may petition the court which rendered the judgment to enter an order requiring the judgment debtor to appear and be examined under oath concerning his means of satisfying the judgment.

Committee Note – 1981

This is new.

Compare: Prior Rules 76.64, 76.65, 76.66, 76.67 and 76.68.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 01, 1993

Most Recently Effective: January 01, 1999

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.28 | Discovery in Aid of Execution

In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery as provided by Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01 and may enforce discovery as authorized by Rule 61.01 or by an order treating as a contempt of court the failure to comply with the discovery request. However, the scope of post-judgment discovery shall be limited to matters, not privileged, that are relevant to the discovery of assets, including insurance, or income subject to execution or garnishment for the satisfaction of judgments.

(Adopted June 1, 1993, effective January 1, 1994. Amended May 26, 1998, effective January 1, 1999.)