Effective 28 Aug 1939
513.130. Third-party claim — proceedings — bond. — 1. When personal property, or any shares in any bank, association, joint stock company or corporation, or other effects, shall be seized by virtue of any execution, and any person other than the debtor in the execution shall, in writing, verified by affidavit of himself or some credible person, claim such property, or any part thereof, and shall in such claim set forth the right, title or interest of such claimant in and to such property, or any part thereof, and deliver such written claim to the officer making such seizure, such officer shall at once deliver a copy of such written claim to the execution creditor or his attorney of record; and if such execution creditor shall fail, within a reasonable time thereafter, to execute and deliver or tender to such officer a bond, payable to the state of Missouri, with one or more sufficient sureties, residents of the county, to be approved by the officer, conditioned to indemnify such officer and claimant against all damages and costs that may accrue to such officer, or to such claimant, by reason of the seizure and sale of such property, the officer shall abandon such levy and release the property to the claimant.
2. If the execution creditor shall execute and deliver such bond to the officer, the claimant may, at any time before the sale of the property, take possession thereof, upon executing and delivering to the officer a bond, with one or more sufficient sureties, resident of the county, to be approved by him, payable to the state of Missouri, and conditioned that the property shall be safely kept and preserved from damage, and be forthcoming when and where the court shall direct, and for the payment of all costs that shall in the matter of such claim be adjudged against the claimant.
3. Such bonds may be sued on, at the instance of any person injured, in the name of the state, to the use of such person, for any breach of the condition of such bonds; and the damage which such person shall sustain shall be recovered thereon, if the execution creditor shall give bond, as provided in this section.
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(RSMo 1939 § 1348)
Prior revisions: 1929 § 1184; 1919 § 1635; 1909 § 2204
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