The Missouri Execution Application and Order (Levy) is a legal document that authorizes a court-appointed officer to seize personal property in order to satisfy a debt or judgment. It is a court order that directs a sheriff or other qualified official to seize and sell property belonging to a debtor in order to satisfy a judgment or debt. This document is issued by the court after a judgment has been entered against the debtor, and it is used to collect the outstanding debt. There are two types of Missouri Execution Application and Order (Levy): 1) Personal Property Levy and 2) Real Property Levy. The Personal Property Levy authorizes the sheriff to seize and sell personal property, such as furniture, clothing, jewelry, and other items owned by the debtor, in order to satisfy the debt or judgment. The Real Property Levy authorizes the sheriff to seize and sell real estate, such as land and buildings, owned by the debtor in order to satisfy the debt or judgment.
Missouri Execution Application and Order (Levy)
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FAQ
76.25. The person whose property has been levied upon may apply to the judge of the division of the court out of which the same was issued for a stay of execution or to quash the execution. Reasonable notice of the time of the hearing on the application shall be given to opposing parties.
A Writ of Execution is a judicial order to aid a Judgment Creditor with collecting a Judgment (monies owed) from a Judgment Debtor. The most common procedure for this action is a Wage Levy or a Bank Levy. These are issued by the district court to direct the Sheriff's Office to satisfy (or "collect on") a judgment.
In the federal courts, Federal Rule 56 governs the summary judgment standard. In Missouri, however, summary judgment is governed under Rule 74.04. Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.
The writ authorizes the Sheriff to levy on specific real property and initiates the process for the Sheriff to sell the property at auction. The proceeds would be credited toward the satisfaction of the money judgment.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Missouri, a judgment lien can be attached to real estate only (like a house, condo, or land).
Missouri Supreme Court Rule 76.075 allows a debtor to claim exemption generally within 20 days after service has been completed.
75.01. The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time.
Levy Through the Court This is a court order to the Sheriff to identify non-exempt assets of the debtor and seize them for public sale. This process is simply known as execution. Levy, as part of the execution process, is the actual process of carrying out the writ by seizing an individuals property.