The person whose property is levied upon may elect the property, real or personal, to be levied upon. The election shall be made by delivering to the sheriff a list of property selected which is sufficient to satisfy the execution. The sheriff shall levy only upon the property selected unless the sheriff believes the property selected is not sufficient to satisfy the execution.
Rule 76.09.Election of Property to be Levied Upon.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 76.09 gives the person whose property is levied upon the right to choose which property, real or personal, the sheriff levies, by delivering a sufficient list to the sheriff, unless the sheriff believes that selection will not satisfy the execution.
Full Text of Rule 76.09
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is substantially the same as prior Rule 76.21.
Plain-English Summary
A debtor facing execution is not powerless to choose which property gets taken. Rule 76.09 gives the debtor the first say: the debtor may elect which property, real or personal, will be levied upon, rather than leaving that choice entirely to the sheriff or creditor.
To exercise that right, the debtor delivers to the sheriff a list of the selected property, and that list must be sufficient to satisfy the execution. If it is, the sheriff is bound to levy only on the property the debtor selected, respecting the debtor's choice about which assets to give up.
The debtor's election is not absolute, though. If the sheriff believes the selected property will not be enough to cover the execution, the sheriff is not bound by the list and can levy on other property instead. That check keeps a debtor from naming property of little value just to run out the clock or frustrate collection.
Frequently Asked Questions
Who gets to choose which property is levied upon first?
The person whose property is being levied upon — the judgment debtor — has the right to elect the property, real or personal, subject to the sheriff's sufficiency judgment.
How does the debtor exercise this right?
By delivering to the sheriff a list of the property selected, which must be sufficient to satisfy the execution.
Is the sheriff always bound to follow the debtor's selected list?
No. If the sheriff believes the selected property is not sufficient to satisfy the execution, the sheriff may levy beyond what the debtor selected.
Can the debtor select a mix of real and personal property?
Yes. The rule refers to property 'real or personal' without restricting the debtor's election to only one type.
What is the purpose of letting the debtor choose the property?
It lets the debtor protect property that matters most personally or practically, while still ensuring the creditor's judgment gets satisfied.
What happens if the debtor does not make an election at all?
The rule presumes the sheriff proceeds with the ordinary levy process described elsewhere in Rule 76 when no sufficient election is made.
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: debtor's election of propertyproperty selection for levychoice of levied propertysufficient list to sheriff