Any person, except the judgment debtor, claiming an interest in property which has been levied upon may intervene in the execution proceedings pursuant to Rule 52.12.
Rule 76.10.Who May Intervene.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.10 allows anyone other than the judgment debtor who claims an interest in levied property to intervene in the execution proceedings under the general intervention procedure of Rule 52.12.
Full Text of Rule 76.10
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rules 76.22 and 76.23.
Plain-English Summary
Levies do not always land cleanly on property that belongs solely to the debtor. Someone else — a co-owner, a lienholder, a buyer with an unrecorded deed — might claim a stake in the same property the sheriff has seized. Rule 76.10 gives that person a path into the case: intervention under Rule 52.12.
The rule pointedly excludes the judgment debtor from this avenue. The debtor already has its own tools for contesting an execution, such as claiming exemptions under Rule 76.075 or seeking a stay under Rule 76.25. Rule 76.10 is aimed at third parties whose separate interest in the property is at risk because of someone else's judgment.
By routing these claims through the standard intervention procedure, the rule keeps third-party disputes inside the same execution proceeding rather than forcing a separate lawsuit, letting the court sort out competing claims to the property before it is sold out from under the true owner.
Frequently Asked Questions
Who can intervene under this rule?
Any person other than the judgment debtor who claims an interest in property that has been levied upon.
Can the judgment debtor use this rule to intervene?
No. The rule expressly excludes the judgment debtor from this intervention right.
What procedure governs the intervention itself?
Rule 52.12, the general rule governing intervention in civil proceedings.
Why would a third party need to intervene instead of just objecting?
Intervention makes the third party an actual participant in the execution proceeding, with standing to present evidence and arguments about its interest in the levied property.
What interest might justify intervention?
Any legitimate claim of interest in the levied property — for example, an ownership interest, a lien, or a right that predates or competes with the judgment being enforced.
Does intervening under this rule stop the sale of the property automatically?
The rule itself does not address a stay; a party seeking to pause the execution while its claim is resolved would need to pursue relief such as that available under Rule 76.25.
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: third party claimintervention in executioninterest in levied propertyRule 52.12 intervention