Effective - 28 Aug 1939
513.175. Motion heard and determined in a summary way. — If any controversy arise on the motion, it shall be heard and determined in a summary way, without the form of pleading; and unless the demand be avoided, a judgment shall be rendered thereon without delay, according to the circumstances, as follows: If the value of the property so levied on, and not delivered at the day of sale, be less than such amount, the judgment shall be for the value of the property not so delivered, with ten percent damages for the delay, and costs in both cases.
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(RSMo 1939 § 1357)
Prior revisions: 1929 § 1193; 1919 § 1644; 1909 § 2213
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 513 - Executions and Exemptions
Section 513.010 - Levy and real estate defined.
Section 513.015 - Executions, who may have.
Section 513.020 - Executions may issue, when.
Section 513.025 - General execution, form.
Section 513.030 - Executions, when returnable.
Section 513.035 - Executions, where directed and executed.
Section 513.040 - Directed to any sheriff in the state, when.
Section 513.045 - Duties of clerks in issuing executions.
Section 513.050 - Sheriffs and deputies to endorse on execution the time of receipt — rank of writs.
Section 513.055 - Employees and laborers preferred creditors.
Section 513.060 - Limitation of actions for preference.
Section 513.065 - Finding as to preferred amount recited in execution and judgment.
Section 513.070 - Execution against heir to be special.
Section 513.075 - Execution against executors or administrators prohibited.
Section 513.080 - Execution sued out by administrator de bonis non.
Section 513.085 - Execution to be lien, when.
Section 513.090 - Property which may be sold under attachment and execution.
Section 513.095 - Defendant may elect what property shall be sold.
Section 513.100 - Defendant may elect what property to be first sold.
Section 513.110 - When officer shall act as receiver.
Section 513.115 - Certificate of corporation shares held, to be furnished, when.
Section 513.120 - Execution on such shares, how levied.
Section 513.125 - Bill of sale of shares required, how made — effect thereof.
Section 513.130 - Third-party claim — proceedings — bond.
Section 513.135 - Claim, with bond, shall be returned to court — proceedings.
Section 513.140 - Personal property subject to execution for purchase price, when.
Section 513.145 - Sale of personal property — notice of time and place — exception.
Section 513.155 - Personal property levied upon may be retained until day of sale, by giving bond.
Section 513.160 - Property not delivered, levy to remain a lien.
Section 513.165 - Condition of bond broken, officer may seize property — how sold.
Section 513.170 - Plaintiff may move for judgment on bond, when.
Section 513.175 - Motion heard and determined in a summary way.
Section 513.180 - No second delivery bond shall be taken.
Section 513.185 - Delivery bond to be returned — failure — officer to stand as security.
Section 513.190 - Sale to be fifteen days before return, when.
Section 513.200 - Leases for three years or more subject to execution as real property.
Section 513.210 - Real estate to be divided, when — amount to be sold.
Section 513.215 - Death of defendant after levy, proceedings.
Section 513.220 - Sheriff selling real estate where court is held at other than county seat.
Section 513.225 - Notice to be given defendant in execution if a resident of the state, when.
Section 513.230 - When and how to be served.
Section 513.235 - Sale, how conducted.
Section 513.240 - If purchaser refuses to pay, property to be resold — damages, how recovered.
Section 513.245 - Court shall proceed in summary manner.
Section 513.250 - Liability of officer, amounts.
Section 513.255 - Sale under junior judgment.
Section 513.260 - Proceeds, how applied.
Section 513.265 - If a sale be not made at the next term, execution to continue in force, how long.
Section 513.270 - Execution issued to the sheriff of another county to remain in force, how long.
Section 513.275 - Deed for real estate to be executed — its recitals.
Section 513.280 - Such deed, how acknowledged.
Section 513.285 - Clerk to endorse certificate of acknowledgment on such deed.
Section 513.290 - Sheriff's deeds to be recorded — record to be evidence.
Section 513.295 - Sales, how made, when term changed.
Section 513.300 - Officer not to purchase property — purchases void.
Section 513.305 - Executions issued from circuit court of Marion County — either division — effect.
Section 513.315 - Sheriff to deliver writs to successor, when — duty of new sheriff.
Section 513.320 - In case of death, executions unexecuted to be delivered to successor.
Section 513.325 - Power of outgoing officer after levy.
Section 513.330 - Death of officer after levy and before sale.
Section 513.335 - After sale, how deed may be obtained.
Section 513.340 - Officers refusing to carry out execution liable for amount thereof.
Section 513.345 - Officer liable on his bond for refusal to perform duty.
Section 513.350 - Remedy of plaintiff against officer in certain cases.
Section 513.355 - Judge shall call execution docket.
Section 513.360 - Proceedings to set aside or quash execution.
Section 513.365 - Judge to order stay of execution, when and how.
Section 513.370 - Judge to certify and return petition to the court — proceedings.
Section 513.375 - Any person owing defendant may pay officer, how.
Section 513.380 - Examination of judgment debtor, when, procedure — grant of use immunity.
Section 513.385 - Showing of reasonable ground for order required.
Section 513.390 - Proceedings in court — referee may be appointed — evidence recorded — signed.
Section 513.395 - Opinion of court in writing to be filed — effect thereof — costs, how adjudged.
Section 513.400 - Fees of referee to be allowed by court.
Section 513.415 - Court to determine the time within which levy shall be made.
Section 513.420 - Officer refusing to comply, guilty of misdemeanor.
Section 513.425 - No exemptions allowed party leaving state.
Section 513.427 - Bankruptcy, exemptions allowed.
Section 513.430 - Property exempt from attachment — construction of section.
Section 513.436 - Exemption limited by lien.
Section 513.440 - Other property exempt — provisions — exceptions.
Section 513.455 - County or municipally owned property exempt, when.
Section 513.460 - Fire fighting equipment exempt, when.
Section 513.465 - No property exempt from sale for taxes.
Section 513.470 - No property exemption for personal services, by whom — provisions.
Section 513.475 - Homestead defined — exempt from execution — spouses debarred from selling, when.
Section 513.480 - If value exceeds limitation, owner may designate — proceedings.
Section 513.485 - Proceedings where encumbered by mortgage.
Section 513.490 - Personal property attached claimed as product of homestead, proceedings.
Section 513.510 - Subject to execution upon certain causes of action.
Section 513.515 - If another homestead is acquired prior homestead is liable for debt.
Section 513.520 - Homestead set out from other real estate — proceedings — duty of commissioners.
Section 513.525 - If homestead cannot be occupied in severalty, court may grant relief.
Section 513.530 - Court may control investment of proceeds.
Section 513.605 - Definitions.
Section 513.610 - Intervention as a party, when — possession of property upon posting bond.
Section 513.612 - Right to file motion to dismiss — jury trial.
Section 513.615 - Rights of innocent party not subject to forfeiture — innocent party, defined.
Section 513.620 - Disposition of property after judgment.
Section 513.623 - Disposition of proceeds after sale.
Section 513.630 - Statute of limitations.
Section 513.635 - Remedies not mutually exclusive.
Section 513.640 - Lien notices, effect of filing.
Section 513.645 - Termination, release, or renewal of lien notices.
Section 513.649 - Peace officers or reserve officer working with federal agency subject to law.
Section 513.651 - Money acquired by law enforcement agencies, use of funds.
Section 513.660 - Forfeiture of gambling devices, records and money.