Mo. Rev. Stat. ch. 513 – Executions and Exemptions | Midpage

Collections
Revised Statutes of Missouri

Chapter 513

Mo. Rev. Stat. ch. 513

Executions and Exemptions

513.010Levy and real estate defined 513.015Executions, who may have 513.020Executions may issue, when 513.025General execution, form 513.030Executions, when returnable 513.035Executions, where directed and executed 513.040Directed to any sheriff in the state, when 513.045Duties of clerks in issuing executions 513.050Sheriffs and deputies to endorse on execution the time of receipt — rank of writs 513.055Employees and laborers preferred creditors 513.060Limitation of actions for preference 513.065Finding as to preferred amount recited in execution and judgment 513.070Execution against heir to be special 513.075Execution against executors or administrators prohibited 513.080Execution sued out by administrator de bonis non 513.085Execution to be lien, when 513.090Property which may be sold under attachment and execution 513.095Defendant may elect what property shall be sold 513.100Defendant may elect what property to be first sold 513.105Evidences of debt liable to be seized and placed in hands of receiver — his duties 513.110When officer shall act as receiver 513.115Certificate of corporation shares held, to be furnished, when 513.120Execution on such shares, how levied 513.125Bill of sale of shares required, how made — effect thereof 513.130Third-party claim — proceedings — bond 513.135Claim, with bond, shall be returned to court — proceedings 513.140Personal property subject to execution for purchase price, when 513.145Sale of personal property — notice of time and place — exception 513.150Personal property to be delivered to purchasers — bills of sale thereof given, when 513.155Personal property levied upon may be retained until day of sale, by giving bond 513.160Property not delivered, levy to remain a lien 513.165Condition of bond broken, officer may seize property — how sold 513.170Plaintiff may move for judgment on bond, when 513.175Motion heard and determined in a summary way 513.180No second delivery bond shall be taken 513.185Delivery bond to be returned — failure — officer to stand as security 513.190Sale to be fifteen days before return, when 513.200Leases for three years or more subject to execution as real property 513.205Sheriff in selling real estate shall proceed how — notice to be given — sales, where made 513.210Real estate to be divided, when — amount to be sold 513.215Death of defendant after levy, proceedings 513.220Sheriff selling real estate where court is held at other than county seat 513.225Notice to be given defendant in execution if a resident of the state, when 513.230When and how to be served 513.235Sale, how conducted 513.240If purchaser refuses to pay, property to be resold — damages, how recovered 513.245Court shall proceed in summary manner 513.250Liability of officer, amounts 513.255Sale under junior judgment 513.260Proceeds, how applied 513.265If a sale be not made at the next term, execution to continue in force, how long 513.270Execution issued to the sheriff of another county to remain in force, how long 513.275Deed for real estate to be executed — its recitals 513.280Such deed, how acknowledged 513.285Clerk to endorse certificate of acknowledgment on such deed 513.290Sheriff's deeds to be recorded — record to be evidence 513.295Sales, how made, when term changed 513.300Officer not to purchase property — purchases void 513.305Executions issued from circuit court of Marion County — either division — effect 513.310Sale of real estate on execution from district No. 2 of Marion County circuit court and Cape Girardeau circuit court at Cape Girardeau 513.315Sheriff to deliver writs to successor, when — duty of new sheriff 513.320In case of death, executions unexecuted to be delivered to successor 513.325Power of outgoing officer after levy 513.330Death of officer after levy and before sale 513.335After sale, how deed may be obtained 513.340Officers refusing to carry out execution liable for amount thereof 513.345Officer liable on his bond for refusal to perform duty 513.350Remedy of plaintiff against officer in certain cases 513.355Judge shall call execution docket 513.360Proceedings to set aside or quash execution 513.365Judge to order stay of execution, when and how 513.370Judge to certify and return petition to the court — proceedings 513.375Any person owing defendant may pay officer, how 513.380Examination of judgment debtor, when, procedure — grant of use immunity 513.385Showing of reasonable ground for order required 513.390Proceedings in court — referee may be appointed — evidence recorded — signed 513.395Opinion of court in writing to be filed — effect thereof — costs, how adjudged 513.400Fees of referee to be allowed by court 513.410Execution against city returned unsatisfied, officers compelled by mandamus to levy 513.415Court to determine the time within which levy shall be made 513.420Officer refusing to comply, guilty of misdemeanor 513.425No exemptions allowed party leaving state 513.427Bankruptcy, exemptions allowed 513.430Property exempt from attachment — construction of section 513.436Exemption limited by lien 513.440Other property exempt — provisions — exceptions 513.445Officer shall apprise party of right to select, notice, contents — claims for exemption, how made, when — selection, how made — oath administered — court review of exemption claim, when, notice 513.455County or municipally owned property exempt, when — lease agreements, requirements 513.460Fire fighting equipment exempt, when 513.465No property exempt from sale for taxes 513.470No property exemption for personal services, by whom — provisions 513.475Homestead defined — exempt from execution — spouses debarred from selling, when 513.480If value exceeds limitation, owner may designate — proceedings 513.485Proceedings where encumbered by mortgage 513.490Personal property attached claimed as product of homestead, proceedings 513.510Subject to execution upon certain causes of action 513.515If another homestead is acquired prior homestead is liable for debt 513.520Homestead set out from other real estate — proceedings — duty of commissioners 513.525If homestead cannot be occupied in severalty, court may grant relief 513.530Court may control investment of proceeds 513.600Title 513.605Definitions 513.607Property subject to forfeiture — procedure — report required, when, contents — annual state auditor's report, contents — violations, penalty 513.610Intervention as a party, when — possession of property upon posting bond 513.612Right to file motion to dismiss — jury trial 513.615Rights of innocent party not subject to forfeiture — innocent party, defined 513.617CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner — release of property, restrictions — court approval of settlements — seized property not to be used in bargaining — time limitation 513.620Disposition of property after judgment 513.623Disposition of proceeds after sale 513.625Relations back of title, when — consequences of conveyance or alienation of property after filing of lien notice or petition 513.630Statute of limitations 513.635Remedies not mutually exclusive 513.637Enforcement of judgments — attorney general, duties — authority to enter into reciprocal agreements with other jurisdictions 513.640Lien notices, effect of filing 513.645Termination, release, or renewal of lien notices 513.647Transfer of property seized by state to federal agency, procedure — transfer not to be made unless violation is a felony — property owner may challenge, procedure 513.649Peace officers or reserve officer working with federal agency subject to law 513.651Money acquired by law enforcement agencies, use of funds 513.653Law enforcement agencies using federal forfeiture system, report of federal seizure proceeds — violation, ineligibility for certain funds 513.660Forfeiture of gambling devices, records and money