Title XXXVI — STATUTORY ACTIONS AND TORTS

521.510. Attaching creditor may maintain action to set aside fraudulent conveyance. — Any attaching creditor may maintain an action for the purpose of setting aside any fraudulent conveyance, assignment, charge, lien or encumbrance of or upon any property attached in any action i…

521.520. Persons claiming attached property may interplead — affidavit — trial without delay. — Any person claiming property, money, effects or credits attached, may interplead in the cause, verifying the same by affidavit, and issues may be made upon such interplea, and shall be…

521.530. Costs adjudged as in other actions. — In all cases of interpleader, costs may be adjudged for or against either party, as in ordinary actions. ­­-------- (RSMo 1939 § 1490) Prior revisions: 1929 § 1326; 1919 § 1777; 1909 § 2346

521.540. When creditors may defend. — In all suits by attachments, the court in which such suits are pending may, for the furtherance of justice, in its discretion, permit any person or persons who are creditors of the same defendant to appear in said suits on behalf of the defen…

521.550. Judgments on constructive service bind only property attached. — Any judgment rendered against any defendant after such defense, without personal service on the defendant, or his appearance to the action, shall bind only the property and effects attached, and execution s…

521.560. Executions, how awarded. — Executions may be awarded and issued on judgments rendered as provided by sections 521.010 to 521.650, according to the circumstances of each case, as follows: (1) Where there is a general judgment against the defendant, the execution shall be …

521.570. When execution returned unsatisfied, bonds to be assigned — judgment rendered on motion — damages. — Whenever it shall appear from the return of the officer upon an execution issued in an attachment suit, that none of the property attached has been found, or only a part …

521.580. Notice to obligors in bond. — No judgment shall be rendered upon such motion, unless the plaintiff shall have given the obligors in the bond at least fifteen days' notice, in writing, of such motion. ­­-------- (RSMo 1939 § 1492) Prior revisions: 1929 § 1328; 1919 § 1779…

521.590. Proceedings to avoid judgments on constructive notice — when defendant has two years to plead. — In cases where judgment is rendered against the defendant, upon publication of notice, without service of a summons or his appearance to the action, he shall be allowed two y…

521.600. Proceedings to avoid debt. — In order to disprove or avoid the debt and damages, or damages as mentioned in section 521.590, the defendant may petition the court rendering the judgment, or the court to which the records and papers may have been removed, setting forth the…

521.610. If cause of action be denied under oath, plaintiff must prove. — If the petition deny the cause of action on which the judgment was rendered, and be verified by the oath of the petitioner, the plaintiff shall be required to prove the same, and in default thereof, it shal…

521.620. If not verified or collateral avoidance pleaded, effect of — judgment. — If the petition denying the cause of action be not verified by oath, or if the petition allege a setoff or other collateral avoidance of the original cause of action, the petitioner shall be require…

521.630. When plaintiff shall answer. — When any such petition shall be exhibited, the plaintiff, being served with a copy and notice as aforesaid, shall appear and answer the same; and on his failure to do so, the petition shall be taken to be true, and judgment rendered accordi…

521.640. Proceedings when setoff is pleaded. — When the petition alleges a setoff, or other collateral avoidance of the cause of action, the plaintiff may answer the same, as in ordinary actions; and, in default of such answer, judgment may be taken in like manner and with like e…

521.650. Issues tried as in ordinary actions — costs adjudged, how. — All issues joined by or under such petitions shall be tried as like issues joined in ordinary actions, and the costs shall be the same, and the same judgment shall be rendered for them; and if the judgment be a…

521.660. Provisions relative to attachment to apply to proceedings before circuit and associate circuit judges. — The provisions of law governing attachments shall apply to proceedings before circuit judges and before associate circuit judges in the same manner except as may be s…

521.740. Bond and affidavit filed before circuit clerk issues writ of attachment. — If there be not a sufficient affidavit and bond certified with the associate circuit judge's record, and other papers in the cause, the clerk shall not issue a writ of attachment until a sufficien…

521.750. Bond may be exacted, when. — When any sheriff, marshal, or other duly authorized officer shall levy an execution or attachment on any personal property, and any person other than the defendant in such execution or attachment shall claim such property or any interest ther…

521.760. Form of bond. — Such bond shall be made payable to the state of Missouri, conditioned that such plaintiff will pay to such claimant all damages that he, the said claimant, may sustain in consequence of such levy and in consequence of any sale which may be made under or b…

521.770. Third-party claim to be in writing. — No claim made to any personal property levied on as aforesaid shall be valid or lawful as against such officer, unless such claimant or his agent shall set forth his claim in writing, verified by the affidavit of such claimant or his…

521.780. Action on bond. — If the claimant shall be injured or damaged in consequence of any levy or sale under or by virtue of such execution or attachment, and shall in good faith be the owner of the interest claimed by him in the property levied on or sold as aforesaid, he, th…

521.790. Officer not liable, when. — When said sheriff or other officer aforesaid shall take an indemnification bond as aforesaid with good and sufficient security, he shall not be liable to such claimant for any damage or injury sustained by such claimant in consequence of such …

521.800. Officer, when liable. — If the security in such indemnification bond shall be adjudged insufficient, such sheriff or other officer aforesaid and his securities shall be liable to all parties injured in the same manner and to the same extent as if no such indemnification …

521.810. Objections to security, how made. — No objections to the security in any such indemnification bond shall be allowed if the same be not made by or for the party interested therein in writing within the first six days after the return days of such execution or attachment, …

521.820. Effect of overruling objections. — If such objections shall be overruled by the court, such indemnification bond and the security therein shall be deemed good and sufficient so far as the liability of such sheriff or other officer aforesaid is concerned; but if such secu…

521.830. Officer, when not protected. — If such indemnification bond shall not be given within the time fixed by the court, then, and in that case, the officer levying or selling shall not be protected under this law, but the court may, in its discretion, order the said sheriff o…

521.840. Proceedings in case of more than one claimant. — Where more than one claim is made to any property levied on by any sheriff, marshal, or other duly authorized officer, the same proceedings shall take place in regard to each of such claims as is prescribed in regard to a …

521.850. Claim to state value of property. — 1. Every claim made under this law or the law to which it is amendatory shall state the value of the property or interest claimed, and the indemnification bond demandable of the plaintiff or his agent shall be in double the value state…

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…

521.870. Proceedings for the distribution of money. — Whenever money made on any execution or executions or other writ or writs is brought into the court out of which the eldest of such executions or other writs was issued, such court shall order the distribution or payment of su…

521.880. Bond under claim for specific property. — In a suit for the possession of specific personal property, the bond required of the plaintiff and that which may be given by the defendant shall be in double the sum stated in the affidavit as the value of the property claimed; …

521.890. Nature and extent of law. — This law and the law to which it is amendatory shall be public acts, and shall apply only to the city of St. Louis; and this law shall take effect from its passage. ­­-------- (RSMo 1939 § 15699) Prior revision: 1929 § 14751