§ 492.040.Levy Upon Property
Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 1983 · Last verified July 28, 2026
Full Text of § 492.040
Plain-English Summary
Section 492.040 tells the levying officer what kind of property a nonresident-attachment writ reaches. Notwithstanding §§ 487.010 and 487.020's general property categories, the writ can be levied on any property for which Article 2 (commencing with § 488.300) of Chapter 8 provides a levy method -- a broad reach appropriate to a remedy aimed at defendants who might otherwise put assets beyond the court's practical reach.
That reach narrows once the defendant shows up. After the defendant files a general appearance in the action, only nonexempt property may be levied on going forward, and any exempt property already levied under this chapter must be released on the court's order.
The shift reflects the underlying justification for nonresident attachment: it exists to secure assets against a defendant who might otherwise evade the court's jurisdiction, and once the defendant has appeared and submitted to the case, the ordinary exemption protections reassert themselves.
Frequently Asked Questions
What property can be levied on under a nonresident attachment writ?
Does that broad reach continue after the defendant appears in the case?
No. Section 492.040 limits levies after a general appearance to nonexempt property, and requires release of any exempt property levied on before then.
Why does exempt property become off-limits only after the defendant appears?
The broader pre-appearance reach in § 492.040 addresses defendants who haven't yet submitted to the court's jurisdiction; once the defendant appears generally, the ordinary exemption protections apply going forward.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 59. Operative July 1, 1983, by Sec. 70 of Ch. 1198.