reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.090 - New bond, when required — notice.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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 necessary five days' previous notice, in writing, having been given to the plaintiff, his agent or attorney, of the application for such order.
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(RSMo 1939 § 1446)
Prior revisions: 1929 § 1282; 1919 § 1733; 1909 § 2302
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.100 - Suit dismissed for failure to give new bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1447)
Prior revisions: 1929 § 1283; 1919 § 1734; 1909 § 2303
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.110 - Who may sue on bond — damages, how assessed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1448)
Prior revisions: 1929 § 1284; 1919 § 1735; 1909 § 2304
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.120 - Suit on bond, setoff pleaded by obligor — costs, how adjudged.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1449)
Prior revisions: 1929 § 1285; 1919 § 1736; 1909 § 2305
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.130 - Attachment, how issued after suit is commenced.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1450)
Prior revisions: 1929 § 1286; 1919 § 1737; 1909 § 2306
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.140 - Form of original writs, to whom directed — contents.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1455)
Prior revisions: 1929 § 1291; 1919 § 1742; 1909 § 2311
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.150 - Original writs, how issued and returned.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1459)
Prior revisions: 1929 § 1295; 1919 § 1746; 1909 § 2315
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.160 - Separate writs may issue to different counties, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1458)
Prior revisions: 1929 § 1294; 1919 § 1745; 1909 § 2314
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.170 - Manner of serving writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1460)
Prior revisions: 1929 § 1296; 1919 § 1747; 1909 § 2316
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.180 - Return of writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1462)
Prior revisions: 1929 § 1298; 1919 § 1749; 1909 § 2318
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.190 - Officer liable for insufficient bond — motion for new bonds, when made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1463, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1299; 1919 § 1750; 1909 § 2319
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.200 - Additional writs may issue, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1451)
Prior revisions: 1929 § 1287; 1919 § 1738; 1909 § 2307
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.210 - Such writs, how entitled.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1452)
Prior revisions: 1929 § 1288; 1919 § 1739; 1909 § 2308
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.220 - Form of writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1453)
Prior revisions: 1929 § 1289; 1919 § 1740; 1909 § 2309
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.230 - How issued, served and returned.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1454)
Prior revisions: 1929 § 1290; 1919 § 1741; 1909 § 2310
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.240 - Property subject to attachment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1456)
Prior revisions: 1929 § 1292; 1919 § 1743; 1909 § 2312
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.250 - Shares of stock subject to attachment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1457)
Prior revisions: 1929 § 1293; 1919 § 1744; 1909 § 2313
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.260 - Attached property retained by defendant before judgment or sale — bond, conditions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1461)
Prior revisions: 1929 § 1297; 1919 § 1748; 1909 § 2317
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.270 - Sale of perishable property — when and by whom ordered, how made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1464, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1300; 1919 § 1751; 1909 § 2320
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.280 - Order of sale, to whom delivered, return — disposition of proceeds.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1465)
Prior revisions: 1929 § 1301; 1919 § 1752; 1909 § 2321
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.290 - Compensation of officer.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1466)
Prior revisions: 1929 § 1302; 1919 § 1753; 1909 § 2322
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.300 - Receiver appointed, by whom — oath and bond required — who may sue on bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1467)
Prior revisions: 1929 § 1303; 1919 § 1754; 1909 § 2323
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.310 - Receivers, duties of — notes not taken by delivery bond — may sue — defenses not impaired.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1468)
Prior revisions: 1929 § 1304; 1919 § 1755; 1909 § 2324
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.320 - Receiver to give notice to debtor, how — effect.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1469)
Prior revisions: 1929 § 1305; 1919 § 1756; 1909 § 2325
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.330 - Receiver, report, money retained, how — compensation.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1470)
Prior revisions: 1929 § 1306; 1919 § 1757; 1909 § 2326
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.340 - Sheriff to act as receiver, when — his rights, duties and liabilities.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1471)
Prior revisions: 1929 § 1307; 1919 § 1758; 1909 § 2327
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.350 - Practice in civil cases to govern in absence of special rules.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1472)
Prior revisions: 1929 § 1308; 1919 § 1759; 1909 § 2328
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.360 - Personal service or appearance, effect of — property of defendant, how affected by judgment and execution.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1473)
Prior revisions: 1929 § 1309; 1919 § 1760; 1909 § 2329
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.370 - Proceedings where defendant is personally served or appears.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1477)
Prior revisions: 1929 § 1313; 1919 § 1764; 1909 § 2333
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.380 - Proceedings upon constructive service — judgment not to exceed amount sworn to.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1474)
Prior revisions: 1929 § 1310; 1919 § 1761; 1909 § 2330
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.390 - Judgment upon constructive service, effect of.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1475)
Prior revisions: 1929 § 1311; 1919 § 1762; 1909 § 2331
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.400 - Proceedings where property of one of several defendants is attached — not delayed, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1476)
Prior revisions: 1929 § 1312; 1919 § 1763; 1909 § 2332
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.410 - Issues raised by motion to dissolve.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1955
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.
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(RSMo 1939 § 1478, A.L. 1955 p. 776)
Prior revisions: 1929 § 1314; 1919 § 1765; 1909 § 2334
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.420 - Motion to dissolve attachment, evidence — burden of proof — appeal bond — liability of sureties.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 01 Jan 1987, see footnote
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.
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(RSMo 1939 § 1479, A.L. 1955 p. 776, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 1315; 1919 § 1766; 1909 § 2335
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.430 - Proceedings in case of defendant's death.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1480, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1316; 1919 § 1767; 1909 § 2336
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.440 - Powers of the attorney under section 521.430.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1481)
Prior revisions: 1929 § 1317; 1919 § 1768; 1909 § 2337
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.450 - No execution to issue on judgment, when — property sold, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1482)
Prior revisions: 1929 § 1318; 1919 § 1769; 1909 § 2338
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.460 - Court or judge not to order sale of property after death of defendant — how sold.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1483)
Prior revisions: 1929 § 1319; 1919 § 1770; 1909 § 2339
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.470 - Defendant may plead to merits, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1484)
Prior revisions: 1929 § 1320; 1919 § 1771; 1909 § 2340
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.480 - Attachments, how dissolved — affidavit may be amended.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1485, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1321; 1919 § 1772; 1909 § 2341
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.490 - Effect of dissolution.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1486)
Prior revisions: 1929 § 1322; 1919 § 1773; 1909 § 2342
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.500 - Controversies between plaintiffs, how and where adjudicated.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1487, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1323; 1919 § 1774; 1909 § 2343
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.510 - Attaching creditor may maintain action to set aside fraudulent conveyance.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1488)
Prior revisions: 1929 § 1324; 1919 § 1775; 1909 § 2344
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.520 - Persons claiming attached property may interplead — affidavit — trial without delay.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1489)
Prior revisions: 1929 § 1325; 1919 § 1776; 1909 § 2345
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.530 - Costs adjudged as in other actions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1490)
Prior revisions: 1929 § 1326; 1919 § 1777; 1909 § 2346
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.540 - When creditors may defend.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1493)
Prior revisions: 1929 § 1329; 1919 § 1780; 1909 § 2349
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.550 - Judgments on constructive service bind only property attached.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1494)
Prior revisions: 1929 § 1330; 1919 § 1781; 1909 § 2350
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.560 - Executions, how awarded.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1495)
Prior revisions: 1929 § 1331; 1919 § 1782; 1909 § 2351
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.570 - When execution returned unsatisfied, bonds to be assigned — judgment rendered on motion — damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1491, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1327; 1919 § 1778; 1909 § 2347
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.580 - Notice to obligors in bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1492)
Prior revisions: 1929 § 1328; 1919 § 1779; 1909 § 2348
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.590 - Proceedings to avoid judgments on constructive notice — when defendant has two years to plead.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1497)
Prior revisions: 1929 § 1333; 1919 § 1784; 1909 § 2353
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.600 - Proceedings to avoid debt.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 1498, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1334; 1919 § 1785; 1909 § 2354
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.610 - If cause of action be denied under oath, plaintiff must prove.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1499)
Prior revisions: 1929 § 1335; 1919 § 1786; 1909 § 2355
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.620 - If not verified or collateral avoidance pleaded, effect of — judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 1500)
Prior revisions: 1929 § 1336; 1919 § 1787; 1909 § 2356