Missouri Revised Statutes

Mo. Rev. Stat. § 513.040 (2026)

Directed to any sheriff in the state, when

✓ laws through the 2026 session (checked Sept. 2026)
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  513.040.  Directed to any sheriff in the state, when. — Any party entitled to an execution from a court of record may have it directed as provided in section 513.035, or, at his option, he may have it directed to any sheriff in the state of Missouri; and such execution may be levied, served and returned by any sheriff in this state to whom it may be delivered within the county of which he is sheriff, in like manner and with the same effect as if it had been specially directed to him; but if no property, or not sufficient property to satisfy such execution, can be found in such county, the sheriff, at the option of the plaintiff, may make thereon a return of his proceedings and deliver it to the plaintiff, his agent or attorney, who may deliver the same to the sheriff of any other county in this state, who may levy, serve and return the same, as if it had been directed to him.

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(RSMo 1939 § 1321)

Prior revisions: 1929 § 1157; 1919 § 1608; 1909 § 2177

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1967–2025 · leading case: Fulkerson v. Laird, 421 S.W.2d 523 (Mo. Ct. App. 1967).
Fulkerson v. Laird, 421 S.W.2d 523 (Mo. Ct. App. 1967). “06; § 513.040], 1 an adjoining county in which defendants then resided, and made returnable "on the 20th day of January 1964,” twenty-four days after the date of issuance.”
Smith v. Bennett, 472 S.W.2d 623 (Mo. Ct. App. 1971). “06; § 513.040] was issued upon the aforesaid judgment.”
Rose, No. 1:25-cv-00035 (E.D. Mo. Dec. 18, 2025). · cites it 2× “1980); see also § 513.040 RSMo; § 513.340 RSMo.; Mo. Sup.”
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