Rule 85 | Attachments

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.01 | Definitions

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

Committee Note – 1981

This is new.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.02 | Availability of Attachment

After the commencement of a civil action a party who presents therein a claim by petition, counterclaim, cross-claim or third-party petition may obtain a writ of attachment upon compliance with this Rule 85.

Committee Note – 1981

This is new.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.03 | Affidavit to Obtain Writ of Attachment

When a party requests a writ of attachment an affidavit shall be filed stating:

(a) The nature and amount of the claim; and

(b) Facts showing the existence of one or more of the grounds for attachment set forth in Section 521.010, RSMo.


Committee Note – 1981

This is new.

Compare: Prior Rules 85.03 and 85.05.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.04 | Issuance of Writ of Attachment

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

Committee Note – 1981

This is new.

Compare: Prior Rule 85.04.


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

First Adopted: June 10, 1980

Most Recently Effective: July 01, 2013

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.05 | Form of Writ of Attachment

A writ of attachment shall be in the following form:

The State of Missouri to any sheriff of any county in the State of Missouri.

Whereas, AB has on the ________ day of ________, 20___, obtained a writ of attachment against CD, you are commanded to execute this writ by attaching the property of CD or as much thereof as will be sufficient to satisfy the sum $________, with interest and costs and on the ________ day of ________, 20___, certify to this court how you executed this writ.

_________________
EF, Clerk


Committee Note – 1981

This is new.

Compare: Prior Rule 85.17.


(Adopted June 10, 1980, effective January 1, 1981. Amended December 27, 2012, effective July 1, 2013.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.06 | How Directed and Executed

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

Committee Note – 1981

This is new.

Compare: Prior Rule 85.19.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.07 | Service of Writ and Notice

When a writ of attachment is issued the writ of attachment, together with a written notice, shall be served on the owner of the property and a written notice, with a copy of the writ of attachment, shall be served on a nonowner in possession at the time of levy. The written notice shall advise them of the right to file a bond pursuant to Rules 85.09 and 85.10, and of the owner's right to request a hearing to determine the propriety of the issuance of the writ. Service of the writ and notice may be made as provided in Rule 54.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.21.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1994

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.08 | Claimant to Furnish Bond – Exception – Conditions of Bond

(a) Claimant to Furnish Bond. The claimant shall file a sufficient bond, approved by the court, executed by the claimant as principal and one or more sufficient sureties to the effect that they are bound to the State of Missouri in an amount set by the court but not exceeding double the amount claimed.

(b) Conditions of Bond. The conditions of the bond shall be that the claimant shall:

(1) Prosecute all claims without delay and with effect;

(2) Refund all sums of money that may be adjudged to be refunded to the owner of the property or found to have been received by the claimant and not justly due;

(3) Pay all damages and costs that may accrue to the owner of the property, any garnishee or interpleader by reason of the attachment, or any process or proceeding in the action, or by reason of any judgment or process thereon; and

(4) Pay all damages and costs that may accrue to any sheriff or other officer by reason of acting under the writ of attachment, following the instructions of the claimant.

(c) When No Bond Required. If the State or a county is a claimant in its own behalf no bond shall be required.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.04, 85.06, 85.07 and 85.08.


(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 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.09 | Owner of Property may Post Bond – Condition of Bond

The owner of the property attached may retain or regain possession of the property by filing a sufficient bond approved by the court, executed by the owner of the property as principal and one or more sufficient sureties, to the claimant in an amount equal to the value of the property, or the amount of the claim and costs, whichever is less. The condition of the bond shall be that the principal shall pay to the claimant the amount which shall be adjudged in favor of the claimant or the amount of the bond, whichever is less.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.22 and 85.46.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.10 | Nonowner of Property may Post Bond – When – Condition of Bond

When the property attached is in the possession of a person who is not the owner that person may retain or regain possession thereof at any time by giving a sufficient bond, approved by the court, executed by such person as principal and one or more sufficient sureties to the effect that they are bound to the State of Missouri in an amount equal to the value of the property, or the amount of the claim and costs, whichever is less. The condition of the bond shall be that the property shall be forthcoming as the court shall direct.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.22.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.11 | Inadequate Bond

If a court finds that any bond is not sufficient, it may order that a new bond be furnished.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.08 and 85.24.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.12 | Qualification of Sureties

Each surety on a bond must be either a corporation licensed to do a surety business in Missouri or an owner of property within the state which the court finds to be a sufficient surety for the amount for which the bond is given.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.06.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.13 | Hearing on Propriety of Attachment

The owner of the property attached may file a written request for a hearing to determine whether the attachment should be dissolved. The hearing shall be held within ten days after the filing of the request.

Committee Note – 1981

This is new.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.14 | Dissolution of Attachment

(a) Motion. Attachments may be dissolved on motion made by the owner of the property at any time before final judgment.

(b) Burden of Proof. The claimant shall have the burden of proving that the attachment was properly granted.

(c) When Attachment Dissolved. An attachment shall be dissolved at any time before final judgment when the court finds:

(1) The bond provided for in Rule 85.08 is inadequate and the claimant fails to file a sufficient bond, approved by the court, within such time as the court directs;

(2) The affidavit is insufficient and the claimant fails to file a sufficient affidavit, approved by the court, within such time as the court directs;

(3) The owner of the property has entered his appearance in the action and bond provided for in Rule 85.09 has been filed and approved; or

(4) For any other reason the writ of attachment should not have been issued.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.39, 85.40 and 85.46.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.15 | Contents of Judgment

The final judgment shall include any findings which the court has made on any motion to dissolve the attachment.

Committee Note – 1981

This is substantially the same as the second sentence of prior Rule 85.04.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.16 | Post-Trial Procedure – Appeal

Post-trial procedure and the procedure on appeal shall be the same in actions in which an attachment has been issued as in other civil actions.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.40.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.17 | Bonds Continue – When

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

Committee Note – 1981

This is new.

Compare: Prior Rule 85.40.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.18 | Multiple Attachments – Priorities – How and Where Resolved

When the same property is attached in several actions by different claimants, the court shall determine the priority, validity, good faith, and force and effect of the different attachments, and may dissolve any attachment, wholly or partially, or make such other order as may be required. If the writs have issued from different courts, all matters relating to the attachments shall be determined by the court out of which the first writ of attachment was issued. Issues other than matters relating to the attachments shall remain in the court in which each case is pending.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.48.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.19 | Multiple Attachments – Issues – Who may Raise

When the same property is attached by different claimants, the claimants may challenge any other attachment or make any defense to the underlying claim which the owner of the property could make.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.48 and 85.54.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.20 | Who May Intervene

A person claiming an interest in property which has been attached may intervene in the attachment proceedings.

Committee Note – 1981

This is new.

Compare: Prior Rule 85.50.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.21 | Manner of Attaching Property

Property may be seized by attachment in the same manner as it may be levied upon pursuant to Rule 76.

Committee Note – 1981

This is new.


Compare: Prior Rule 85.21.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.22 | Receiver – When Appointed

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

Committee Note – 1981

This is new.

Compare: Prior Rules 85.28, 85.29, 85.30, 85.31 and 85.32.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.23 | Prejudgment Sale of Personal Property

The court may order the sale of attached personal property if it finds:

(a) The property is likely to perish;

(b) The property is likely to depreciate in value to a considerable extent; or

(c) Keeping the property will cause undue expense. The order may be made only after reasonable notice if the giving of notice is practicable. A sale of personal property shall be made as provided in Rule 76.13.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.25, 85.26 and 85.27.


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

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 85 | Rules of Civil Procedure | Rules Relating to Special Actions | Attachments

85.24 | Who May Sue on Bond

When there is a breach of the conditions of a bond given under this Rule 85 which is payable to the State of Missouri, an action may be brought on the bond in the name of the State of Missouri at the instance of any person injured.

Committee Note – 1981

This is new.

Compare: Prior Rules 85.10 and 85.52.


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