§ 482.120.Order Restricting Amount of Property to Be Levied
Title 6.5. Attachment · Chapter 2. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
Full Text of § 482.120
Plain-English Summary
Attachment is meant to secure a claim, not to tie up more of a defendant’s property than the claim justifies. Section 482.120 gives the court a tool to prevent that overreach: if, at the hearing on issuing a writ, the court finds that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured, the court may direct the order of levy on the described property or restrict how much of it may be levied upon.
This proportionality check works alongside § 488.720, which lets a defendant later move to release an attachment to the extent the value of the defendant’s interest in already-attached property exceeds what is needed to satisfy the secured amount.
Frequently Asked Questions
Can a court limit an attachment to less than all the property a plaintiff asks to levy on?
Yes. Section 482.120 lets the court restrict the amount of property to be levied upon, or direct the order of levy, if the defendant’s interest in the property clearly exceeds what is needed to satisfy the amount secured.
Is there a remedy if too much property was already attached?
Section 488.720 provides a motion to release an attachment to the extent the value of the defendant’s interest exceeds the amount necessary to satisfy the amount secured, complementing this section’s hearing-stage safeguard.
Amendment History
Added by Stats. 1976, Ch. 437.