Estate of Laura Downs v. Bugg
2011 Mo. App. LEXIS 644
| Mo. Ct. App. | 2011Background
- Estate of Laura Downs seeks to collect a 2006 money judgment from Eldon Bugg by garnishment and later via a writ of sequestration; sheriff reported no collection from Bugg under garnishment.
- Trial court found civil contempt against Bugg for failing to pay money and ordered confinement unless paid; appellate court later held contempt for debt payment violates Missouri Constitution.
- Bugg posted $40,000 bail to avoid confinement; the court then used the bail to satisfy part of the money judgment, effectively coercing payment.
- Estate sought a writ of sequestration directed to the circuit clerk to turn over bail funds; Wanda Bugg sought to intervene claiming an interest in the bail as tenant by the entirety.
- Trial court denied Bugg’s motion to quash the writ and denied Wanda’s intervention; this court reverses and remands, ordering quashal of the writ and return of $35,248.84 to the circuit clerk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sequestration can enforce a money judgment. | Bugg | Estate | No; sequestration cannot enforce a money judgment; court remands to quash writ. |
Key Cases Cited
- Estate of Downs v. Bugg, 242 S.W.3d 729 (Mo. App. W.D. 2007) (affirmed judgment; held debt payment cannot be enforced by contempt or sequestration)
- In re Estate of Downs, 300 S.W.3d 242 (Mo. App. W.D. 2009) (contempt for payment of money violates Constitution; cannot imprison for debt)
- State ex rel. Couplin v. Hostetter, 129 S.W.2d 1 (Mo. banc 1939) (sequestration not available to compel payment of money debt)