Rule 76.06.Levy--How Made.

Levying execution means taking the legal step that puts specific property under the court's enforcement power. Because property comes in many different forms, Rule 76.06 does not use a single method for everything. Instead it lists six categories, each with its own procedure.

For real estate, the sheriff endorses a description of the property onto the execution — there is no need to physically occupy land. For tangible personal property that can be seized, the sheriff takes actual possession, unless that is impracticable, in which case the sheriff instead posts a notice of levy on or near the property. Property subject to garnishment, such as bank accounts or wages, is not levied under this rule at all; it follows the separate procedure in Rule 90. A partnership interest is levied as state statute directs. Securities or shares get their own treatment: actual seizure by the sheriff, or, if the issuer holds the security, written notice served on the issuer.

The common thread is practicality. The rule matches the levy method to what is possible to seize or control for each type of property, so the sheriff is never forced into an unworkable seizure of, say, land or a stock certificate held by a transfer agent.