Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

513.265. If a sale be not made at the next term, execution to continue in force, how long. — In all cases where an execution is or shall be issued and levied by the proper officer upon real estate, and for any cause a sale of such real estate shall not be made at the next term of…

513.270. Execution issued to the sheriff of another county to remain in force, how long. — When an execution is issued from a court of record in one county and sent to the sheriff of any other county in this state, and the same is levied on real estate, and from any cause the cir…

513.275. Deed for real estate to be executed — its recitals. — The officer who shall sell any real estate, or lease of lands and tenements for more than three years, shall make to the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the exec…

513.280. Such deed, how acknowledged. — Every officer executing any deed for lands, tenements or hereditaments, sold under execution, shall acknowledge the same before the circuit court of the county in which the estate is situated; but if he die or leave the state, resign or be …

513.285. Clerk to endorse certificate of acknowledgment on such deed. — The clerk of such court shall endorse upon such deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry of such acknowledgment or proof, with the names of the p…

513.290. Sheriff's deeds to be recorded — record to be evidence. — Every deed executed and acknowledged as provided in sections 513.275 to 513.285, or proved, shall be recorded as other conveyances of land; and thereafter such deed, or a copy thereof, or of the record, certified …

513.295. Sales, how made, when term changed. — In all cases where the time of holding the terms of the several courts of this state shall be changed by the legislature, all sales of property which would have been made at the terms previously established by law, shall be made at t…

513.300. Officer not to purchase property — purchases void. — No officer to whom any execution shall be directed, or any of his deputies, or any person for them, shall purchase any goods or chattels, real estate or other effects, or bid at any sale made by virtue of such executio…

513.305. Executions issued from circuit court of Marion County — either division — effect. — All executions issued in pursuance of judgments rendered by either district number 1 or district number 2 of the circuit court of Marion County may be levied in any part of Marion County,…

513.310. Sale of real estate on execution from district No. 2 of Marion County circuit court and Cape Girardeau circuit court at Cape Girardeau. — 1. All sales of real estate, situated in the county of Marion taken in execution by any officer under a judgment by district number 2…

513.315. Sheriff to deliver writs to successor, when — duty of new sheriff. — Whenever the term of office for which any sheriff shall have been elected has expired, or he shall have resigned or removed without the county, or be removed from office, it shall be his duty to deliver…

513.320. In case of death, executions unexecuted to be delivered to successor. — When any sheriff shall die, it shall be the duty of his executors or administrators to deliver over to the persons appointed or elected and qualified to succeed the deceased, all executions unexecute…

513.325. Power of outgoing officer after levy. — When any officer shall have levied upon any goods and chattels, real estate or other effects by virtue of any execution, and the term of service of such officer shall expire and be determined before or after the sale thereof, and b…

513.330. Death of officer after levy and before sale. — When any officer shall die, or be removed from office, or be otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate or other effects, and before sale thereof, the sheriff or c…

513.335. After sale, how deed may be obtained. — When any officer shall die, be removed from office or disqualified, or shall remove from this state, after the sale of any property and before executing a conveyance therefor, as required by law, or after executing a defective conv…

513.340. Officers refusing to carry out execution liable for amount thereof. — If any officer to whom any execution shall be delivered shall refuse or neglect to execute or levy the same according to law, or shall take in execution any property or any property be delivered to him…

513.345. Officer liable on his bond for refusal to perform duty. — If any officer to whom any execution shall be delivered shall not return the same according to law and the command of the writ, such officer and his sureties shall be liable to pay the damages sustained by such de…

513.350. Remedy of plaintiff against officer in certain cases. — If any officer shall sell any property under any execution, whether he received payment therefor or not, or shall make the money on any execution specified, or thereon endorsed or directed to be levied, or any part …

513.355. Judge shall call execution docket. — It shall be the duty of the circuit court to periodically call over the execution docket, in order to see that proper returns have been made and entered of all process returnable to that term, and especially that due diligence has bee…

513.360. Proceedings to set aside or quash execution. — If any person against whose property any execution or order of sale shall be issued, apply to any judge of the court out of which the same may have been issued, by petition, verified by oath or affirmation, setting forth goo…

513.365. Judge to order stay of execution, when and how. — If it appear that such execution or order of sale ought to be stayed, set aside or quashed, and the petitioner enter into recognizance, with sufficient sureties, in such sum as shall be reasonable, to be taken and approve…

513.370. Judge to certify and return petition to the court — proceedings. — The judge shall return such petition and proceedings thereon, duly certified, to the court out of which the execution was issued, or order of sale is made returnable, and the clerk of such court shall ent…

513.375. Any person owing defendant may pay officer, how. — After the issuing of an execution, any person indebted to the defendant therein may pay to the sheriff or other officer charged with the collection thereof, the amount of the debt owing by such person to such defendant, …

513.380. Examination of judgment debtor, when, procedure — grant of use immunity. — 1. Whenever an execution against the property of any judgment debtor, individual or corporate, issued from any court in this state, shall be returned unsatisfied, in whole or in part, by any sheri…

513.385. Showing of reasonable ground for order required. — The order above provided for shall issue only in case it be made to appear to the court or judge, by affidavit or other evidence satisfactory to the court or judge, that there is reasonable ground to believe that such ju…

513.390. Proceedings in court — referee may be appointed — evidence recorded — signed. — The examination provided for in this chapter shall be summary, and either party named in the writ of fieri facias may be examined as a witness in the inquiry, and the court or judge may appoi…

513.395. Opinion of court in writing to be filed — effect thereof — costs, how adjudged. — In case it be found by said court or judge thereof, on an examination of the parties to the writ of fieri facias, or either of them, or of the written evidence of the parties, or either of …

513.400. Fees of referee to be allowed by court. — Such fees shall be allowed to referees appointed and acting under the provisions of sections 513.390 to 513.405, as the court or judge thereof appointing them shall adjudge to be a fair and just compensation for the services rend…

513.410. Execution against city returned unsatisfied, officers compelled by mandamus to levy. — Whenever an execution, issued out of any court of record in this state, against any incorporated town or city, shall be returned unsatisfied, in whole or in part, for want of property …

513.415. Court to determine the time within which levy shall be made. — The court shall determine the time within which the levy and collection of such tax shall be made, and shall make all necessary orders to secure the prompt and speedy payment of such debt. ­­-------- (RSMo 19…

513.420. Officer refusing to comply, guilty of misdemeanor. — Any officer or officers of any such town or city, failing, refusing or neglecting to comply with any such order of court, shall be deemed guilty of a misdemeanor, and shall be fined and imprisoned as for a contempt of …

513.425. No exemptions allowed party leaving state. — Any person holding or who may hereafter hold a judgment against another, who is about to leave the state, may have an execution issued against the property and effects of such person, or any part thereof, sufficient to satisfy…

513.427. Bankruptcy, exemptions allowed. — Every person by or against whom an order is sought for relief under Title 11, United States Code, shall be permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the sta…

513.430. Property exempt from attachment — construction of section. — 1. The following property shall be exempt from attachment and execution to the extent of any person's interest therein: (1) Household furnishings, household goods, wearing apparel, appliances, books, animals, c…

513.436. Exemption limited by lien. — No property upon which a debtor has voluntarily granted a lien shall, to the extent of the balance due on the debt secured thereby, be subject to the provisions of this chapter or be exempt from attachment or execution. ­­-------- (L. 1987 H.…

513.440. Other property exempt — provisions — exceptions. — Each head of a family may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of one thousand two hundred fifty dollars plus three hu…

513.445. Officer shall apprise party of right to select, notice, contents — claims for exemption, how made, when — selection, how made — oath administered — court review of exemption claim, when, notice. — 1. It shall be the duty of the officer in whose hands any execution may co…

513.455. County or municipally owned property exempt, when — lease agreements, requirements. — 1. (1) As used in this section, "entity" means a county, a city, a town, a township, a municipality, a road district, a water district, a sewer district, a fire district, a library dist…

513.460. Fire fighting equipment exempt, when. — All fire engines, hose, hose carriages, hooks, ladders, buckets, horses and other things kept and used for the purpose of extinguishing fires, owned by any county or municipality in this state, shall be exempt from attachment and e…

513.465. No property exempt from sale for taxes. — Nothing contained in this chapter shall be construed so as to exempt any property from seizure and sale for the payment of taxes due this state, or any city, town or county thereof. ­­-------- (RSMo 1939 § 1330) Prior revisions: …

513.470. No property exemption for personal services, by whom — provisions. — For all personal services rendered by any person acting in the capacity of house servant or common laborer, to an amount not exceeding ninety dollars, no property shall be exempt from seizure and sale u…

513.475. Homestead defined — exempt from execution — spouses debarred from selling, when. — 1. The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection therewith, not exceeding the value of fifteen thousand dollars, which is…

513.480. If value exceeds limitation, owner may designate — proceedings. — Whenever an execution shall be levied upon the real estate of any person, of which such homestead may be a part, or upon such part of any homestead as may be in excess of the limitation of the value thereo…

513.485. Proceedings where encumbered by mortgage. — If, at the time of such levy of execution, the homestead or real estate mentioned in section 513.480 shall be encumbered by mortgage, the value and location of such homestead shall be fixed as provided in said section, and ther…

513.490. Personal property attached claimed as product of homestead, proceedings. — Whenever the personal property of any person shall be attached or taken in execution against such person, and the debtor therein shall claim that the same or any part thereof is the product of suc…

513.510. Subject to execution upon certain causes of action. — Such homestead shall be subject to attachment and levy of execution upon all causes of action existing at the time of the acquiring such homestead, except as otherwise provided in sections 513.475 to 513.530; and for …

513.515. If another homestead is acquired prior homestead is liable for debt. — Whenever any person shall acquire another homestead in the manner provided in section 513.510, the prior homestead shall thereupon be liable for his debts, but such other homestead shall not be liable…

513.520. Homestead set out from other real estate — proceedings — duty of commissioners. — Whenever, in any case not in sections 513.475 to 513.530 otherwise provided for, it shall become necessary, in any proceeding at law or in equity, to sever or set out any homestead from oth…

513.525. If homestead cannot be occupied in severalty, court may grant relief. — Whenever any dwelling house, outbuilding and the land in connection therewith, in which a homestead shall exist, shall exceed the respective value mentioned in section 513.475, and a severance of suc…

513.530. Court may control investment of proceeds. — If such homestead shall be sold as provided in section 513.525, the court may control the investment of the proceeds of such sale in a new homestead, or their payment out of court, as in cases of the funds of married women. ­­-…