☰ Revisor of Missouri


Chapter 521

< > Effective - 02 Jan 1979, see footnote bottom

  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 suits instituted by the state or a county in its own behalf, and also, except in cases where the defendant is not a resident of the state of Missouri, in either of which cases no bond shall be required, shall also file an affidavit and bond, and, thereupon, such plaintiff may sue out an original attachment against the lands, tenements, goods, moneys, effects and credits of the defendant in whose hands soever the same may be; and where the affidavit for an attachment states that the plaintiff will lose his claim, unless the writ of attachment issues, and be served on Sunday or any other legal holiday, the writ may be issued and served on that day; provided, that when any writ of attachment has issued against a nonresident and the plaintiff has given no bond, the attachment shall be dissolved as of course, and the lands, tenements, goods, moneys, effects and credits of the defendant taken or levied upon under such writ of attachment shall be released therefrom, upon the defendant entering his appearance and filing his answer to the merits of the case; unless the plaintiff shall, within ten days from the date of the filing and service of defendant's answer and entry of appearance, file his bond in said case in double the amount sworn to in the affidavit of the plaintiff; provided, however, upon good cause shown, the judge may grant an additional ten days to file said bond; the bond herein provided for as to its effect and the obligation of the parties thereto shall be the same as if filed before the writ of attachment was issued.


(RSMo 1939 § 1442, A.L. 1945 p. 650, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1278; 1919 § 1729; 1909 § 2298

Effective 1-02-79

---- end of effective  02 Jan 1979 ----

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