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Rule 76.06 – Levy-How Made

May 13, 2021 | Civil Procedure, Missouri

(a) Real Estate. A levy upon real estate shall be made by the sheriff endorsing the description of the real estate upon the execution.
(b) Tangible Personal Property Which Can Be Seized. A levy upon tangible personal property shall be made by the sheriff taking possession of the property unless such seizure is impracticable.
(c) Tangible Personal Property Where Seizure is Impracticable. A levy upon tangible personal property where seizure is impracticable shall be made by the sheriff posting a notice of the levy upon the property or as near as practicable thereto.
(d) Property Subject to Garnishment. A levy upon property subject to garnishment, as defined in Rule 90.01, shall be made as provided in Rule 90.
(e) Partnership Interest. A levy upon an interest in a partner-ship shall be made as provided in Section 358.280, RSMo.
(f) Security or Share. A levy upon a security or any share or other interest evidenced thereby shall be made by actual seizure thereof by the sheriff but if the security is in the possession of the issuer a levy may be made by serving a written notice of the levy upon the issuer.

Mo. R. Civ. P. 76.06

Adopted June 10, 1980, eff. Jan. 1, 1981.

Committee Note – 1981

This is new.

See Sections 400.8-102 and 400.8-317, RSMo in connection with paragraph (f).

Compare: Prior Rules 76.13, 76.19 and 76.20.