§ 488.355.To Attach Personal Property In Custody of Levying Officer
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 488.355
Plain-English Summary
Sometimes the property a plaintiff wants to reach is already sitting with a levying officer because of an earlier levy. Section 488.355 handles that overlap. The plaintiff or the officer complies with § 700.050(a) to attach the property, and the officer holding custody processes competing writs strictly in the order they are received, rather than under the garnishee's-memorandum and third-person-duty rules of Article 4 (§ 488.600 and following) that would otherwise apply.
Frequently Asked Questions
What happens if two different writs try to reach property already in a levying officer's custody?
Section 488.355(b) requires the officer to comply with the writs in the order they are received, and this situation is not subject to the third-person duties in Article 4 (commencing with § 488.600).
Does the garnishee's memorandum procedure apply when a levying officer already holds the property?
No. Section 488.355(b) exempts this situation from the third-person duties in Article 4, since the officer already has the property in hand rather than a third person.
Amendment History
Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.