by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.06Adopted June 10, 1980,...
by admin | May 13, 2021 | Civil Procedure, Missouri
A writ of attachment shall be in the following form: Whereas, AB has on the ________ day of ________, 19___, 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...
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.04Adopted June 10, 1980, eff. Jan 1, 1981.Committee Note – 1981 This is new....
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.03Adopted June...
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R. Civ. P. 85.02Adopted June 10, 1980, eff. Jan. 1,...
by admin | May 13, 2021 | Civil Procedure, Missouri
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.Mo. R....
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