Missouri Judgment To Deliver Assets

State:
Missouri
Control #:
MO-SKU-1087
Format:
Word
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Description

Judgment To Deliver Assets

Missouri Judgment To Deliver Assets is a court-ordered arbitration process that allows a creditor to seize property or assets that have been pledged by a debtor as collateral for a loan. In Missouri, a Judgment To Deliver Assets is a way for creditors to collect their money when debtors are unable to pay their debts. This process is also known as "executory process". There are two types of Missouri Judgment To Deliver Assets: in rem and in personam. In rem Judgment To Deliver Assets occurs when a creditor obtains an order from the court for their creditor to deliver the assets to them. On the other hand, in personam Judgment To Deliver Assets occurs when the court orders a debtor to deliver personal property or assets to the creditor in satisfaction of their debt. Both types of Judgment To Deliver Assets are valid and enforceable in the state of Missouri.

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FAQ

Rule 74.09 - Revival of Judgment (a) When and by Whom. 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 or the last prior revival of the judgment.

Yes, a lien may be placed on property that is jointly owned.

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.

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).

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.

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.

More info

Once a small claims judgment is entered, the clerk mails the debtor a form called a "Judgment. Take the original and copies of the Order to Produce Statement of Assets and to Appear for Examination to the court clerk.Paying the Judgment Creditor or Completing a Statement of Assets Form. Complete and mail to you a Judgment Debtor's Statement of Assets (SC-133) . Mail or deliver this completed form to the judgment creditor at the address shown on the Notice of Entry of Judgment form. Being awarded a judgment does not guarantee that you will collect money. The court is not responsible for collecting the judgment. The completed Information Subpoena will provide some, but not necessarily all, of this information to the Creditor. The creditor with a judgment must give you notice of your right to protect your property. The Clerks, Sheriff's Office, Judges and Judicial Assistants cannot give legal advice.

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Missouri Judgment To Deliver Assets