Missouri Laws 513.445 – Officer shall apprise party of right to select, notice, contents — claims ..
1. It shall be the duty of the officer in whose hands any execution may come, within three days after he shall have levied the same, to apprise the person against whom such execution has issued that an execution has been levied and of the property exempt, if any, under sections 513.430 and 513.440, and his right to hold the same as exempt from attachment and execution, together with the fact, generally stated, that there are certain exemptions under state and federal law which the judgment debtor may be able to claim with respect to the property levied upon, and describing the procedure for claiming same as exempt. The notice shall also inform the person against whom such execution was issued of the manner in which he may obtain a specific description of the property upon which the levy was made. Such notice may be served in the same manner as a summons, or by mailing same to the judgment debtor at his last known address by United States regular mail. Service by mail shall be complete upon mailing.
2. The judgment debtor may make claim for exemption by filing a verified request with the levying officer within twenty days after notice of the levy. Upon receipt of a verified request, the levying officer shall notify the party requesting the execution forthwith that a claim of exemption has been filed, except that where the levy is in the form of a garnishment upon the judgment debtor’s wages, no such notification is required. The levying officer may summon three disinterested householders, who, after being sworn honestly and impartially to appraise the property exhibited to them, shall proceed to appraise and set apart to said judgment debtor the property exempt to him under this chapter, and the officer levying such execution shall have authority to administer the oaths required by this section.
Terms Used In Missouri Laws 513.445
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- levy: as used in this chapter, shall be construed to mean the actual seizure of property by the officer charged with the execution of the writ. See Missouri Laws 513.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Summons: Another word for subpoena used by the criminal justice system.
- United States: includes such district and territories. See Missouri Laws 1.020
3. The levying officer shall release from the execution items of cash or property selected by the judgment debtor to the extent required by law. The judgment debtor or any other party aggrieved by the action of the levying officer, or by the failure of the levying officer to act within five days of the filing of the request for exemptions, may have the exemption claim reviewed and determined by the court by filing a request for court review. Any such hearing shall be expedited by the court and shall be held not later than thirty days after the filing of the request for court review, upon no less than three days’ notice to all parties in interest.