Title XXXVI, STATUTORY ACTIONS AND TORTS

521.050. Suits by attachment — affidavit and bond — exceptions. — Any plaintiff wishing to sue by attachment may file in the clerk's office of the court in which the attachment is instituted a petition or other lawful statement or exhibit of his cause of action, and, except in su…

521.060. Form of affidavit, by whom made. — The affidavit shall be made by the plaintiff, or some person for him, and shall state that the plaintiff has a just demand against the defendant, and that the amount which the affiant believes the plaintiff ought to recover, after allow…

521.070. Bond, by whom executed — conditions. — The bond shall be executed by the plaintiff, or some responsible person as principal, and one or more sureties, resident householders of the county in which the action is to be brought, in a sum at least double the amount sworn to i…

521.080. Bond, by whom approved — attachment not to issue until. — The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavit and petition or other law…

521.090. New bond, when required — notice. — If, at any time pending a suit by attachment, it shall appear to the court before which the action is pending that the bond given by the plaintiff is insufficient, or that any surety therein has died, or has removed from the state, or …

521.100. Suit dismissed for failure to give new bond. — If the plaintiff shall fail to comply with such order within ten days after the same shall be made, the suit shall be dismissed at his costs. ­­-------- (RSMo 1939 § 1447) Prior revisions: 1929 § 1283; 1919 § 1734; 1909 § 23…

521.110. Who may sue on bond — damages, how assessed. — The bond given by the plaintiff, or other person, in a suit by attachment, may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for the breach of the condition of such bond…

521.120. Suit on bond, setoff pleaded by obligor — costs, how adjudged. — In any suit on such bond, any obligor may avail himself of any setoff or counterclaim he may have against the party to whose use the suit is brought, with the same effect as if such party were the plaintiff…

521.130. Attachment, how issued after suit is commenced. — The plaintiff in any civil action which shall have been commenced by summons, and without original attachment, may, at any time pending the suit and before final judgment, sue out an attachment in such action, on filing a…

521.140. Form of original writs, to whom directed — contents. — The original writ of attachment shall be directed and delivered to the sheriff, or other officer authorized by law to serve the same, and shall command him to attach the lands, tenements, goods, chattels, rights, mon…

521.150. Original writs, how issued and returned. — Original writs of attachment shall be issued and returned in like time and manner as ordinary writs of summons. ­­-------- (RSMo 1939 § 1459) Prior revisions: 1929 § 1295; 1919 § 1746; 1909 § 2315

521.160. Separate writs may issue to different counties, when. — When there are several defendants, who reside or have property in different counties, and when a single defendant in any such action has property or effects in different counties, separate writs may issue to every s…

521.170. Manner of serving writ. — The manner of serving writs of attachment shall be as follows: (1) The writ and petition shall be served upon the defendant as an ordinary summons; (2) Garnishees shall be summoned by the sheriff or other proper officer, declaring to them that h…

521.180. Return of writ. — The officer executing a writ of attachment shall return with the writ all bonds taken by him in virtue thereof, and a schedule of all property and effects attached. ­­-------- (RSMo 1939 § 1462) Prior revisions: 1929 § 1298; 1919 § 1749; 1909 § 2318

521.190. Officer liable for insufficient bond — motion for new bonds, when made. — If the officer fail to return a good and sufficient bond in any case where a bond is required by law, the court may, upon motion of the plaintiff, rule the officer to file a good and sufficient bon…

521.200. Additional writs may issue, when. — If, at any time after the return of an attachment, it shall appear to the satisfaction of the court or clerk that the property, effects and credits attached will not be sufficient to satisfy the amount sworn to and costs, the court or …

521.210. Such writs, how entitled. — Every writ of attachment sued out by virtue of either section 521.130 or 521.200 shall be entitled in the cause pending, and be in aid thereof. ­­-------- (RSMo 1939 § 1452) Prior revisions: 1929 § 1288; 1919 § 1739; 1909 § 2308

521.220. Form of writ. — The form of the writ shall, as well as may be, conform to that of original attachments, reciting briefly the circumstances, except that the clause of the summons as to all defendants previously summoned shall be omitted. ­­-------- (RSMo 1939 § 1453) Prio…

521.230. How issued, served and returned. — Such writs of attachment shall be issued, served and returned in the same manner, and the like proceedings shall be had thereon as are required or allowed on original attachments, in all things as near as may be. ­­-------- (RSMo 1939 §…

521.240. Property subject to attachment. — Under an attachment, the officer shall be authorized to seize, as attachable property, the defendant's account books, accounts, notes, bills of exchange, bonds, certificates of deposit, and other evidences of debt, as well as his other p…

521.250. Shares of stock subject to attachment. — Shares of stock in any bank, association, joint-stock company or corporation, belonging to any defendant in any writ of attachment, may be attached in the same manner as the same may be levied upon under execution. ­­-------- (RSM…

521.260. Attached property retained by defendant before judgment or sale — bond, conditions. — When property of the defendant found in his possession or in the hands of any other person shall be attached, the defendant, or such other person, may retain or regain the possession th…

521.270. Sale of perishable property — when and by whom ordered, how made. — When property shall be actually seized which is likely to perish or depreciate in value before the probable termination of the suit, or the keeping of which would be attended with much loss or expense, t…

521.280. Order of sale, to whom delivered, return — disposition of proceeds. — The order of sale, when made in vacation, shall be delivered to the clerk of the court and filed in the cause; and the clerk shall deliver to the officer having charge of the property a copy of every o…

521.290. Compensation of officer. — When property is seized on attachment, the court may allow to the officer having charge thereof such compensation for his trouble and expenses in keeping the same as shall be reasonable and just. ­­-------- (RSMo 1939 § 1466) Prior revisions: 1…

521.300. Receiver appointed, by whom — oath and bond required — who may sue on bond. — The court, or in vacation the judge, may in a proper case, on the application of the plaintiff, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall enter into…

521.310. Receivers, duties of — notes not taken by delivery bond — may sue — defenses not impaired. — When notes, bills, books of account, accounts or other evidences of debt are attached, they shall not be subject to be retained upon the execution of a delivery bond, as herein p…

521.320. Receiver to give notice to debtor, how — effect. — The receiver shall forthwith give notice of his appointment to the persons indebted to the defendant. The notice shall be written or printed, and shall be served on each debtor, by a copy delivered to him, or left at his…

521.330. Receiver, report, money retained, how — compensation. — The receiver shall, when required, report his proceedings to the court, and shall hold all moneys collected, and all property received by him, subject to the order of the court. He shall receive such compensation as…

521.340. Sheriff to act as receiver, when — his rights, duties and liabilities. — Until a receiver is appointed, the attaching officer shall have all the powers and perform all the duties of a receiver under sections 521.010 to 521.650, and may commence and maintain actions in hi…

521.350. Practice in civil cases to govern in absence of special rules. — In all cases not specially provided for by sections 521.010 to 521.650, all pleadings and other proceedings in attachment causes shall conform to and be governed, as near as may be, by the laws regulating t…

521.360. Personal service or appearance, effect of — property of defendant, how affected by judgment and execution. — When the defendant has been served with the writ, or appears to the action, the proceedings in the cause shall be the same as in actions instituted by summons onl…

521.370. Proceedings where defendant is personally served or appears. — When the defendant is summoned to appear, or shall appear voluntarily, the like proceedings shall be had between him and the plaintiff as in ordinary actions commenced by summons, and a general judgment may b…

521.380. Proceedings upon constructive service — judgment not to exceed amount sworn to. — When the defendant shall be notified by publication, as directed, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment…

521.390. Judgment upon constructive service, effect of. — Such judgment shall bind only the property and effects attached, and no execution shall issue against any other property of the defendant; nor shall such judgment be any evidence of debt against the defendant in any subseq…

521.400. Proceedings where property of one of several defendants is attached — not delayed, when. — When there are two or more defendants in attachment, and the property, effects or credits of part of them are attached by garnishment, and the others are not summoned, the plaintif…

521.410. Issues raised by motion to dissolve. — In all cases where property, effects or credits are attached, the defendant may file a motion to dissolve the attachment, verified by affidavit, putting in issue the truth of the facts alleged in the affidavit on which the attachmen…

521.420. Motion to dissolve attachment, evidence — burden of proof — appeal bond — liability of sureties. — 1. The court shall hear evidence upon the issue joined by the motion to dissolve the attachment, and the burden is upon the plaintiff to prove the ground of attachment; and…

521.430. Proceedings in case of defendant's death. — 1. If a defendant, in any attachment cause, except on debts not due, die after the levy of writ, or the summoning of a garnishee under it, the action and attachment and issues, with the garnishees or interpleader, made or to be…

521.440. Powers of the attorney under section 521.430. — The person appointed attorney, as directed, shall, as long as his appointment continues in force, be deemed, to all intents and purposes, the representative of the decedent, and shall have the same power to file pleadings, …

521.450. No execution to issue on judgment, when — property sold, how. — If judgment shall be rendered on the attachment in favor of the plaintiff, as provided in section 521.430, no execution shall issue thereon, requiring the sale of any property or effects attached, as belongi…

521.460. Court or judge not to order sale of property after death of defendant — how sold. — After the death of any defendant, no court or judge shall order, as above directed, the sale of any property or effects attached as belonging to such decedent, but the same shall be sold …

521.470. Defendant may plead to merits, when. — Every defendant not served with a summons may, at any time before final judgment against him, appear and plead to the merits of the action on such terms as the court may direct. ­­-------- (RSMo 1939 § 1484) Prior revisions: 1929 § …

521.480. Attachments, how dissolved — affidavit may be amended. — Attachments in circuit courts may be dissolved on motion made in behalf of the defendant, at any time before final judgment, in the following cases: (1) When the affidavit on which the same was founded shall be adj…

521.490. Effect of dissolution. — When any attachment shall be dissolved, all proceedings touching the property and effects attached, and the garnishee summoned, shall be vacated, and the suit shall proceed as if it had been commenced by summons only. ­­-------- (RSMo 1939 § 1486…

521.500. Controversies between plaintiffs, how and where adjudicated. — 1. Where the same property is attached in several actions by different plaintiffs, against the same defendant, the court may settle and determine all controversies which may arise between any of the plaintiff…