§ 488.710.Duty to Endorse and Present Instrument For Payment

A check, draft, or money order payable to the defendant that lands in the levying officer's hands during a levy is treated as cash in transit: Section 488.710 requires the officer to promptly endorse and cash it, using an endorsement that writes in the defendant's name, the officer's name and title, and the court and cause number. That endorsement is as good as if the defendant had signed it, the paying institution is not liable for paying the officer instead of the defendant, and the officer is not liable for endorsing, presenting, or collecting on it. The resulting funds are held subject to the attachment lien.

One category of instrument gets held back rather than cashed immediately: if its face shows it was tendered to the defendant to release and settle a claim, and endorsing it would work that release, the officer will not endorse it unless the defendant endorses it first. If the defendant refuses, the officer holds the instrument for 30 days without liability for the delay, then returns it to whoever issued it — preserving the defendant's choice whether to accept the settlement rather than letting the levy force that decision.