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

522.010. Persons injured may proceed against principals or sureties, how. — Persons injured by the neglect or misfeasance of any officer may proceed against such principal or any one or more of his sureties, jointly or severally, in any proceeding authorized by law against such o…

522.020. Suits on official bonds — in whose name to be brought. — In all cases where, by the law of this state, any person is authorized to prosecute a suit to his own use, on any official bond, he shall sue in the name of the state, or other obligee named in the bond, stating in…

522.030. Pleadings and proceedings. — In such action the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as herein otherwise provided. ­­-------- (RSMo 1939 § 3244) Prior revis…

522.040. When judgment operates as a bar. — A judgment for the defendant in such action shall be a bar to any other suit that may be brought on the same official bond, by the same relator, for any delinquency or default which was assigned as a breach of the condition of such bond…

522.050. Any party aggrieved may sue. — Any other party aggrieved may, in like manner, prosecute an action on such official bond, and the pendency of any suit, at the relation of any other person on such bond, or a judgment recovered by or against any other person on such bond, s…

522.060. When parties may again prosecute. — Any person who may have recovered any judgment upon such official bond may, in like manner, again prosecute an action on such bond, whenever he is aggrieved by any default or delinquency other than such as shall have been the subject o…

522.070. No scire facias shall issue. — No scire facias shall be brought upon any judgment rendered upon such official bond, by the same or any other relator, for any breach of the condition of the bond. ­­-------- (RSMo 1939 § 3248) Prior revisions: 1929 § 2860; 1919 § 1010; 190…

522.080. Action to use of party a private action. — Every suit brought upon such official bond, to the use of the party aggrieved, and every judgment thereon, shall be deemed the private suit and judgment of the relator, in the same manner, in every respect, as if he were the nom…

522.090. Suit not barred, when. — No such suit shall be barred nor shall the amount which the plaintiff may be entitled to recover be affected, by any answer made by any surety in such bond, of a judgment recovered thereon, unless it be accompanied by an allegation that the suret…

522.100. When defendant discharged from further liability. — If it appear that the amount of damages so recovered, which a surety has been or will be obliged to pay, as specified in section 522.090, is equal to the amount for which such defendant shall be liable by virtue of the …

522.110. Proceedings in estimating surety's liability. — If it shall appear that the damages so recovered, and which such surety has been or will be obliged to pay, is not equal to the amount of his liability, the amount thereof shall be allowed him in estimating the extent of hi…

522.120. Judgment, how satisfied. — Whenever a judgment shall be obtained on an official bond against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his attorney, to levy the amount, in the first place, on the property of the principal…

522.130. When proceeds distributed pro rata. — If several judgments be obtained at the same term upon any official bond for damages, amounting in the whole to more than the sum for which sureties therein are liable, the court shall order the money levied on such judgments from th…

522.140. Proceeds, how distributed. — If executions be issued upon such several judgments obtained at the same term, and sufficient money shall not be made to satisfy all the executions, the court shall distribute the money collected thereon to the relators, in proportion to thei…

522.150. Provisions of this chapter relating to official bonds shall apply to suits against executors and others. — The provisions of this chapter in relation to suits on official bonds shall apply as well to suits on bonds of personal representatives, guardians, conservators and…

522.160. Actions on penal bonds. — In all actions brought upon bonds in which there is a condition or defeasance, by which the same is to become void on the payment of a less sum, the plaintiff shall set out the condition in his petition, and may assign as many breaches as he may…

522.170. What defendant may plead. — The defendant in such action may plead payment of the principal sum and interest due by the condition of such bond, before the commencement of such action, although the payment was not strictly according to such condition. ­­-------- (RSMo 193…

522.180. Tender of amount in court — discontinuance of action. — Whenever any action shall be pending on such bond, the defendant may, at any time before judgment rendered in such action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and int…