Effective - 02 Jan 1979
521.860. Court may require bond, when. — 1. Whenever suit is brought against any sheriff, marshal, or other duly authorized officer or his sureties or the representatives of any of them on account of any levy on or sale of any property or interest therein, and notice of such levy or sale was made, said court shall not order the payment of the proceeds of such sale to the party or parties who may appear to be entitled to the same unless such parties shall have given a bond as required in section 521.850 or shall forthwith give such bond.
2. The court in which such suit is brought may, in its discretion, permit any person who has given bond as aforesaid to be joined as defendant in such suit.
3. If in any such suit the plaintiff shall establish his right to any property or interest levied on or sold as aforesaid, the officer against whom such suit is brought, his sureties, and the legal representatives of any of them shall thereupon have a right to recover back any money paid as made on the levy or sale to which such suit related, and if such levy or sale was made by direction or authority of any person interested in the same or his agent shall also have a right to recover of the person so directing or authorizing such levy or sale all damages which such officer, his sureties, or the legal representatives of any of them may have paid on account of any such levy or sale.
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(RSMo 1939 § 15696, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14748
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.