Effective - 02 Jan 1979
521.050. Suits by attachment — affidavit and bond — exceptions. — Any plaintiff wishing to sue by attachment may file in the clerk's office of the court in which the attachment is instituted a petition or other lawful statement or exhibit of his cause of action, and, except in suits instituted by the state or a county in its own behalf, and also, except in cases where the defendant is not a resident of the state of Missouri, in either of which cases no bond shall be required, shall also file an affidavit and bond, and, thereupon, such plaintiff may sue out an original attachment against the lands, tenements, goods, moneys, effects and credits of the defendant in whose hands soever the same may be; and where the affidavit for an attachment states that the plaintiff will lose his claim, unless the writ of attachment issues, and be served on Sunday or any other legal holiday, the writ may be issued and served on that day; provided, that when any writ of attachment has issued against a nonresident and the plaintiff has given no bond, the attachment shall be dissolved as of course, and the lands, tenements, goods, moneys, effects and credits of the defendant taken or levied upon under such writ of attachment shall be released therefrom, upon the defendant entering his appearance and filing his answer to the merits of the case; unless the plaintiff shall, within ten days from the date of the filing and service of defendant's answer and entry of appearance, file his bond in said case in double the amount sworn to in the affidavit of the plaintiff; provided, however, upon good cause shown, the judge may grant an additional ten days to file said bond; the bond herein provided for as to its effect and the obligation of the parties thereto shall be the same as if filed before the writ of attachment was issued.
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(RSMo 1939 § 1442, A.L. 1945 p. 650, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1278; 1919 § 1729; 1909 § 2298
Effective 1-02-79
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 521.010 - Attachment, when issued — parties to — causes for.
Section 521.020 - Attachments on demands not due — exceptions.
Section 521.030 - The affidavit.
Section 521.040 - Issuance on demands less than fifty dollars.
Section 521.050 - Suits by attachment — affidavit and bond — exceptions.
Section 521.060 - Form of affidavit, by whom made.
Section 521.070 - Bond, by whom executed — conditions.
Section 521.080 - Bond, by whom approved — attachment not to issue until.
Section 521.090 - New bond, when required — notice.
Section 521.100 - Suit dismissed for failure to give new bond.
Section 521.110 - Who may sue on bond — damages, how assessed.
Section 521.120 - Suit on bond, setoff pleaded by obligor — costs, how adjudged.
Section 521.130 - Attachment, how issued after suit is commenced.
Section 521.140 - Form of original writs, to whom directed — contents.
Section 521.150 - Original writs, how issued and returned.
Section 521.160 - Separate writs may issue to different counties, when.
Section 521.170 - Manner of serving writ.
Section 521.180 - Return of writ.
Section 521.190 - Officer liable for insufficient bond — motion for new bonds, when made.
Section 521.200 - Additional writs may issue, when.
Section 521.210 - Such writs, how entitled.
Section 521.220 - Form of writ.
Section 521.230 - How issued, served and returned.
Section 521.240 - Property subject to attachment.
Section 521.250 - Shares of stock subject to attachment.
Section 521.270 - Sale of perishable property — when and by whom ordered, how made.
Section 521.280 - Order of sale, to whom delivered, return — disposition of proceeds.
Section 521.290 - Compensation of officer.
Section 521.300 - Receiver appointed, by whom — oath and bond required — who may sue on bond.
Section 521.320 - Receiver to give notice to debtor, how — effect.
Section 521.330 - Receiver, report, money retained, how — compensation.
Section 521.340 - Sheriff to act as receiver, when — his rights, duties and liabilities.
Section 521.350 - Practice in civil cases to govern in absence of special rules.
Section 521.370 - Proceedings where defendant is personally served or appears.
Section 521.380 - Proceedings upon constructive service — judgment not to exceed amount sworn to.
Section 521.390 - Judgment upon constructive service, effect of.
Section 521.410 - Issues raised by motion to dissolve.
Section 521.430 - Proceedings in case of defendant's death.
Section 521.440 - Powers of the attorney under section 521.430.
Section 521.450 - No execution to issue on judgment, when — property sold, how.
Section 521.460 - Court or judge not to order sale of property after death of defendant — how sold.
Section 521.470 - Defendant may plead to merits, when.
Section 521.480 - Attachments, how dissolved — affidavit may be amended.
Section 521.490 - Effect of dissolution.
Section 521.500 - Controversies between plaintiffs, how and where adjudicated.
Section 521.510 - Attaching creditor may maintain action to set aside fraudulent conveyance.
Section 521.530 - Costs adjudged as in other actions.
Section 521.540 - When creditors may defend.
Section 521.550 - Judgments on constructive service bind only property attached.
Section 521.560 - Executions, how awarded.
Section 521.580 - Notice to obligors in bond.
Section 521.600 - Proceedings to avoid debt.
Section 521.610 - If cause of action be denied under oath, plaintiff must prove.
Section 521.620 - If not verified or collateral avoidance pleaded, effect of — judgment.
Section 521.630 - When plaintiff shall answer.
Section 521.640 - Proceedings when setoff is pleaded.
Section 521.650 - Issues tried as in ordinary actions — costs adjudged, how.
Section 521.740 - Bond and affidavit filed before circuit clerk issues writ of attachment.
Section 521.750 - Bond may be exacted, when.
Section 521.760 - Form of bond.
Section 521.770 - Third-party claim to be in writing.
Section 521.780 - Action on bond.
Section 521.790 - Officer not liable, when.
Section 521.800 - Officer, when liable.
Section 521.810 - Objections to security, how made.
Section 521.820 - Effect of overruling objections.
Section 521.830 - Officer, when not protected.
Section 521.840 - Proceedings in case of more than one claimant.
Section 521.850 - Claim to state value of property.
Section 521.860 - Court may require bond, when.
Section 521.870 - Proceedings for the distribution of money.