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Missouri Motion for Satisfaction of Money Judgment by Judicial Sale

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A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Missouri Motion for Satisfaction of Money Judgment by Judicial Sale is a legal document used in the state of Missouri to request the court's approval for the sale of property or assets to satisfy a money judgment. This motion is filed by a creditor who has obtained a judgment against a debtor but has not been able to collect the amount owed by traditional means such as wage garnishment or bank account levies. Keywords: Missouri Motion, Satisfaction of Money Judgment, Judicial Sale, legal document, creditor, debtor, money judgment, property, assets, court's approval, collection, wage garnishment, bank account levies. There are two types of Missouri Motion for Satisfaction of Money Judgment by Judicial Sale that can be filed based on the circumstances: 1. Motion for Judicial Sale of Real Property: This type of motion is used when the judgment creditor seeks to sell the debtor's real property (such as land, houses, or commercial buildings) to satisfy the money judgment. The motion outlines the details of the property to be sold, including its description, location, and estimated value. It also requests the court's permission to proceed with the sale, usually through a public auction or private sale. 2. Motion for Judicial Sale of Personal Property: This motion is utilized when the judgment creditor intends to sell personal property owned by the debtor, such as vehicles, jewelry, or valuable possessions. The motion provides a comprehensive description of the assets to be sold, along with their estimated value and any relevant supporting documentation. Similar to the real property motion, it seeks the court's approval to proceed with the sale. In both types of motions, the creditor must provide a detailed account of the judgment debt, including the principal amount owed, any accrued interest, and any additional costs or fees incurred during the collection process. They must also demonstrate that traditional collection methods have been unsuccessful or insufficient in recovering the debt and that a judicial sale is a necessary and appropriate course of action. Overall, the Missouri Motion for Satisfaction of Money Judgment by Judicial Sale provides a legal avenue for creditors to collect the money owed to them by seeking authorization to sell the debtor's property or assets. By presenting a comprehensive and well-drafted motion, creditors can increase their chances of obtaining court approval and ultimately satisfying the money judgment.

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Satisfaction of judgment. ? When any judgment or decree is satisfied otherwise than by execution, the party in whose favor the same was rendered shall, immediately thereafter, enter an acknowledgment of satisfaction thereof in the court where the same was obtained, or before the clerk of such court in vacation.

A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.

Missouri Rule of Civil Procedure 74.05(d) states that in order to have a default judgment set aside, a party must state facts ?constituting a meritorious defense? and show ?good cause.? The court in Bryant reminds us that there is an initial pleading requirement as well.

Rule 74.03 requires service of a notice of the entry of an order or judgment by mail, in the manner described in Rule 43.01, upon each party who was not present in court in person or by attorney at the time of the entry of the order or judgment. Rule 74.03.

74.08. Except as provided in Chapter 454, RSMo, or Chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.

Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.

Rule 74.11 - Satisfaction of Judgment (a)Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.

[if] the judgment is void.? A judgment is void if the trial court that rendered the judgment lacked jurisdiction to do so. The party moving to set aside the default judgment has the burden to prove that the request can be granted.

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Missouri Motion for Satisfaction of Money Judgment by Judicial Sale