Section 513.445

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 28 Aug 1986   

  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 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.

  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.

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(RSMo 1939 § 1328, A.L. 1986 H.B. 1479)

Prior revisions: 1929 § 1164; 1919 § 1615; 1909 § 2184

(1972) A mechanic's lien does not attach to buildings and property owned by a municipality and used for the benefit of the public. Union Reddi-Mix Co. v. Specialty Concrete Contr.  (A.), 476 S.W.2d 160.

(1975) A constable is liable on his official bond for failure to notify a judgment debtor of his exemptions not only upon executions but as to garnishments in aid of execution. Dancer v. Cheunault (A.), 527 S.W.2d 714.

(1994)  Where homeowners had not filed with sheriff verified request for homestead exemption prescribed in section, homestead does not lose its exempt status under homestead laws.  Homestead property is absolutely exempt from sale until sheriff determines through appraisal whether there is equity, taking into account mortgages, liens and exemption value.  Meeks Leasing Co. v. Young, 851 S.W.2d 232 (Mo. App. S.D.).