Missouri Motion to Release Property from Levy upon Filing Bond

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Multi-State
Control #:
US-03319BG
Format:
Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment. 2.

Missouri Supreme Court Rule 76.075 allows a debtor to claim exemption generally within 20 days after service has been completed.

516.350. Judgments presumed to be paid, when ? presumption, how rebutted ? inclusion in the automated child support system ? judgment for unpaid rent, revived by publication.

In any judgment, order, or decree awarding child support or maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section.

A Missouri judgment is valid for ten (10) years from the latter of (1) the date of entry of the judgment or (2) the date that a plaintiff last successfully tried to execute on the judgment as reflected by a Court record.

Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such ...

? If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new ...

When an execution is returned unsatisfied the judgment creditor may petition the court which rendered the judgment to enter an order requiring the judgment debtor to appear and be examined under oath concerning his means of satisfying the judgment.

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Missouri Motion to Release Property from Levy upon Filing Bond