Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

513.200. Leases for three years or more subject to execution as real property. — Every lease upon lands for any unexpired term of three years or more shall be subject to execution and sale as real property, but shall not be subject to sale upon and by virtue of an execution issue…

513.205. Sheriff in selling real estate shall proceed how — notice to be given — sales, where made. — When real estate shall be taken in execution by an officer, it shall be his duty to expose the same to sale at the courthouse door, having previously given twenty days' notice of…

513.210. Real estate to be divided, when — amount to be sold. — When an execution shall be levied upon real estate, the officer levying the same shall divide such property, if susceptible of division, and sell so much thereof as will be sufficient to satisfy such execution, unles…

513.215. Death of defendant after levy, proceedings. — If any defendant shall die after his real estate shall have been seized on execution, the service thereof shall not be completed, but the sheriff shall return the execution, together with the fact of the defendant's death, wh…

513.220. Sheriff selling real estate where court is held at other than county seat. — Whenever in any county in this state where circuit court is held by law at any other town or city than the county seat, any real estate shall be taken in execution under process issued upon any …

513.225. Notice to be given defendant in execution if a resident of the state, when. — When real estate, situated in a different county from that in which the defendant in the execution owning such real estate resides, is sought to be sold under an execution in favor of the plain…

513.230. When and how to be served. — The notice shall be served as other notices are required to be served by the existing law, at least twenty days before the day of sale, and shall be filed in the office whence the execution issues. ­­-------- (RSMo 1939 § 1365) Prior revision…

513.235. Sale, how conducted. — All property taken in execution by any officer shall be exposed to sale on the day for which it is advertised, between the hours of nine in the forenoon and five in the afternoon, publicly, by auction, for ready money, and the highest bidder shall …

513.240. If purchaser refuses to pay, property to be resold — damages, how recovered. — If the purchaser refuse to pay the amount bid for property struck off to him, the officer making the sale may again resell such property to the highest bidder, or he may resell it on a subsequ…

513.245. Court shall proceed in summary manner. — Such court shall proceed in a summary manner and give judgment and award execution therefor forthwith; and the same proceedings shall be had against any subsequent purchaser who shall refuse to pay, and the officer may, in his dis…

513.250. Liability of officer, amounts. — Sections 513.240 and 513.245 shall not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser or purchasers refusing to pay. ­­-------- (…

513.255. Sale under junior judgment. — The sale of lands under a junior judgment or decree shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force. ­­-------- (RSMo 1939 § 1279) Prior revisions: 1929 § 1114; 1919 § 1565; 1909 § …

513.260. Proceeds, how applied. — The money arising from such sale shall be applied to the payment of the judgment or decree under which it may have been made. ­­-------- (RSMo 1939 § 1280) Prior revisions: 1929 § 1115; 1919 § 1566; 1909 § 2135

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…