by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.24Adopted June 10,...
by admin | May 13, 2021 | Civil Procedure, Missouri
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...
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.22Adopted June 10, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is new. Compare:...
by admin | May 13, 2021 | Civil Procedure, Missouri
Property may be seized by attachment in the same manner as it may be levied upon pursuant to Rule 76.Mo. R. Civ. P. 85.21Adopted June 10, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is new. See Rule 76.06. Compare: Prior Rule 85.21. .
by admin | May 13, 2021 | Civil Procedure, Missouri
A person claiming an interest in property which has been attached may intervene in the attachment proceedings.Mo. R. Civ. P. 85.20Adopted June 10, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is new. Compare: Prior Rule 85.50.
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.19Adopted June 10, 1980, eff. Jan. 1, 1981.Committee...
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