(a) The requirements contained within this Rule 76.075 are applicable exclusively to writs of execution. Within five days after an officer has levied an execution, the officer shall notify the person against whom the execution has issued that an execution has been levied, that certain property, if any, is exempt under sections 513.430 and 513.440, RSMo, and that the person has the right to hold the property as exempt from attachment and execution. The officer also shall generally state that there are certain exemptions under state and federal law that the judgment debtor may be able to claim with respect to the property levied upon and describe the procedure for claiming the property as exempt. The notice also shall inform the person against whom the execution issues of the manner in which the person may obtain a specific description of the property upon which the levy was made. The notice may be served in the same manner as a summons or by mailing the notice to the judgment debtor at the debtor’s last known address by regular mail. Service by mail shall be complete upon mailing.
Rule 76.075.Exemptions.
Part I · Rule 76: Executions · Last amended July 1, 2016 · Last verified July 22, 2026
In one sentenceRule 76.075 requires the levying officer to notify a judgment debtor of possible property exemptions within five days of a levy, and lays out how the debtor can claim an exemption, how the creditor can object, and how the court reviews any dispute.
Full Text of Rule 76.075
(b) The judgment debtor may claim any exemption by filing a verified request with the levying officer within 20 days after notice of the levy. Any exemption allowed by federal law may be claimed at any time prior to the sale of property or disbursement of funds. Upon receipt of a verified request, the levying officer shall notify the party requesting the execution forthwith that a claim of exemption has been filed. The party requesting the execution may object to any claim for exemption within ten days of the filing of the verified request by filing a request for court review.
(c) If a request for court review is not timely filed, the levying officer shall release from execution the items claimed as exempt by the judgment debtor. If a request for court review is timely filed, the exemption claim shall first be reviewed and determined by the court before the levying officer shall release the items claimed as exempt. Any hearing required by the court shall be expedited, shall be held not later than 30 days after the filing of the request for court review, and shall be held upon not less than five days notice of the hearing to all parties in interest.
Amendment History
Adopted Feb. 11, 1987, eff. Jan. 1, 1988. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended Dec. 23, 2015, eff. July 1, 2016.
Plain-English Summary
Not everything a debtor owns can be taken to satisfy a judgment. State and federal law shield certain property from execution, and Rule 76.075 makes sure debtors learn about those protections instead of losing property by default. Within five days after a levy, the officer must notify the debtor that property may be exempt under Sections 513.430 and 513.440, RSMo, that the debtor has the right to claim exemptions, and generally that other state and federal exemptions might apply. The notice must also explain how to get a specific description of what was levied and how to claim the exemption. Notice can be served like a summons or mailed to the debtor's last known address, with mailing complete once sent.
The debtor then has twenty days after notice to file a verified request claiming an exemption with the levying officer — except that federal-law exemptions can be claimed at any time before the property sells or funds are disbursed, reflecting the broader protection federal law affords. Once a verified request comes in, the officer must promptly tell the party who sought the execution that a claim has been filed.
That creditor then has ten days to object by filing a request for court review. If no objection is filed in time, the officer releases the claimed items from execution automatically. If an objection is filed, the court decides the exemption claim first, and only after that decision does the officer release any items found exempt. Any hearing the court holds must be expedited — scheduled within thirty days of the request for review, with at least five days' notice to everyone with an interest.
Frequently Asked Questions
How soon after a levy must the debtor be notified of exemption rights?
Within five days after the officer has levied the execution.
How can the notice be served on the debtor?
Either in the same manner as a summons, or by mailing it to the debtor's last known address by regular mail, with service considered complete upon mailing.
How long does the debtor have to claim an exemption?
Twenty days after notice of the levy, by filing a verified request with the levying officer. Exemptions available under federal law, however, may be claimed at any time before the property is sold or the funds disbursed.
What happens after the debtor files a verified exemption request?
The levying officer must promptly notify the party who requested the execution that a claim of exemption has been filed.
How much time does the judgment creditor have to contest an exemption claim?
Ten days from the filing of the verified request to object, by filing a request for court review.
What happens if no one objects to the exemption claim?
The levying officer releases the items claimed as exempt from execution without further proceedings.
How quickly must a court hold a hearing on a disputed exemption claim?
The rule requires an expedited hearing, held no later than thirty days after the request for court review is filed, with at least five days' notice to all interested parties.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: exemption claimjudgment debtor exemptionnotice of levyverified request for exemptionexempt property