Effective - 28 Aug 1939
521.170. Manner of serving writ. — The manner of serving writs of attachment shall be as follows:
(1) The writ and petition shall be served upon the defendant as an ordinary summons;
(2) Garnishees shall be summoned by the sheriff or other proper officer, declaring to them that he does summon them to appear at the return term of the writ to answer the interrogatories which may be exhibited by the plaintiff, and by reading the writ to them, if required;
(3) When lands or tenements are to be attached, the officer shall briefly describe the same in his return, stating the quantity and situation, and declare that he has attached all the right, title and interest of the defendant in the same or so much thereof as shall be sufficient to satisfy the debt and interest, or damages and costs; and shall also file in the recorder's office of the county where the real estate is situated an abstract of the attachment, showing the names of the parties to the suit, and the amount of the debt, the date of the levy, and a description of the real estate levied on by the same, which shall be duly recorded in the land records and the recording paid for by the officer, and charged and collected as other costs; and the officer shall moreover give notice to the actual tenants, if any, at least ten days before the return day of the writ, and state the fact of such notice and the names of the tenants in his return;
(4) When goods and chattels, money or evidences of debt are to be attached, the officer shall take the same and keep them in his custody, if accessible; and if not accessible, he shall declare to the person in possession thereof that he attaches the same in his hands, and summons such person as garnishee;
(5) When the credits of the defendant are to be attached, the officer shall declare to the debtor of the defendant that he attaches in his hands all debts due from him to the defendant, or so much thereof as shall be sufficient to satisfy the debt and interest, or damages and costs, and summon such debtor as garnishee.
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(RSMo 1939 § 1460)
Prior revisions: 1929 § 1296; 1919 § 1747; 1909 § 2316
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.