Missouri Revised Statutes

Mo. Rev. Stat. § 513.085 (2026)

Execution to be lien, when

✓ current as of May 2026

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513.085. Execution to be lien, when. — No execution prior to the levy thereof shall be a lien on any goods, chattels or other personal property, or the rights or shares in any stock, or any real estate to which the lien of the judgment, order or decree does not extend; and whenever an execution shall be levied upon real estate, not then charged with the lien of the judgment, order or decree upon which such execution issued, it shall be the duty of the officer making such levy immediately to file with the recorder of deeds of the city or county in which such real estate is situated a notice of such levy, showing the date and style of the execution, the date of levy, the amount of the debt and costs, and a description of the real estate levied upon, which shall be recorded and indexed in a separate volume by the recorder, in the same manner that deeds to real estate are required to be recorded and indexed in a separate volume, and the recording fee therefor shall be charged and collected as other costs; and the failure of said officer to file said notice, as required by this chapter, shall be a breach of his official bond, and any person injured by the failure of the sheriff to file said notice shall have a right of action on said bond.

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(RSMo 1939 § 1343)

Prior revisions: 1929 § 1179; 1919 § 1630; 1909 § 2199

Notes of Decisions

Cited in 5 cases, 1965–1999 · leading case: United States v. Dempsey, 55 F. Supp. 2d 990 (E.D. Mo. 1998).

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United States v. Dempsey, 55 F. Supp. 2d 990 (E.D. Mo. 1998). · cites it 7× “" Mo.Rev.Stat. § 513.085. [3] The Government sent a copy of its Motion for a final order of forfeiture to Ms.”

Mann v. Art Britton Auction Sales, Ltd. (In Re Riverfront Food & Beverage Corp.), 29 B.R. 846 (Bankr. E.D. Mo. 1983). · cites it 2× “Mo.Rev.Stat. § 513.085 provides, “No execution prior to the levy thereof shall be a lien on any goods, chattels, or other personal property.”

Dugan v. Missouri Neon & Plastic Advert. Co., 334 F. Supp. 1222 (W.D. Mo. 1971). · cites it 2× “[See also § 513.085, RSMo 1959.] Therefore, under Missouri law, Tubelite obtained no judgment lien as a result of its default judgment against Told Bros, on October 2,1970.”

In Re Collins, 234 B.R. 88 (Bankr. W.D. Mo. 1999). · cites it 2× “07; Mo.Rev.Stat. § 513.085 (no execution prior to the levy thereof shall be a lien on any goods, chattels or other personal property), and that “[a] levy upon tangible personal property shall be made by the sheriff taking possession of the property unless such seizure is…”

Dolan v. Comm'r, 44 T.C. 420 (1965). “That assessment was made pursuant to a waiver executed by John of the restrictions on assessment contained in section 6213(a).”

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