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Rule 76.08.Receiver--When Appointed.

Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 76.08 allows the court to appoint a receiver, who may be the sheriff holding the execution or another suitable person or corporation, once property has been seized under an execution.

Full Text of Rule 76.08

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When property is seized on execution the court may appoint a receiver pursuant to Rule 68.02, who may be the sheriff holding the execution or some other person or corporation.

Amendment History

Adopted June 10, 1980, eff. Jan. 1, 1981.

Official Comment

This is new. Compare: Prior Rules 76.14 and 76.15.

Plain-English Summary

Seizing property is not always the end of the story — sometimes it needs to be managed, protected, or operated while the execution process runs its course. Rule 76.08 gives the court authority to appoint a receiver for that purpose once property has been seized on execution, following the general receivership procedure in Rule 68.02.

The rule is flexible about who can serve. The receiver can be the same sheriff who is already holding the execution, which avoids bringing in an unfamiliar outsider. Or the court can appoint someone else entirely — another individual or even a corporation — if that arrangement better fits the property involved, such as a business that needs ongoing management rather than simple storage.

This tool matters most for property that cannot just sit untouched between seizure and sale: rental property that needs a manager, a business with employees and customers, or perishable or depreciating assets that need active oversight. Without a receiver, seized property of that kind could lose value before it is ever sold to satisfy the judgment.

Frequently Asked Questions

When can a receiver be appointed under this rule?

Once property has been seized on execution, the court may appoint a receiver for it.

Can the sheriff who holds the execution also serve as the receiver?

Yes. The rule specifically allows the sheriff holding the execution to serve as the receiver.

Does the receiver have to be an individual?

No. The rule allows the court to appoint some other person or a corporation as receiver, not just an individual.

What procedure governs the receivership itself?

The receiver is appointed pursuant to Rule 68.02, which sets out the general procedure for receiverships.

Why would a court appoint a receiver instead of just leaving seized property with the sheriff?

Some seized property — like an operating business or income-producing real estate — needs active management that goes beyond what a sheriff's custody alone provides, which is where a receiver's broader authority helps.

Is appointment of a receiver automatic whenever property is seized?

No. The rule says the court 'may' appoint a receiver, meaning it is a matter for the court's discretion based on the circumstances of the seizure.

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: receiver appointmentseized property managementexecution receiversheriff as receiver