The person whose property is levied upon may elect the order of sale by delivering to the sheriff a statement, in writing, of such election at least three days before the day of the sale, stating specifically the order of sale desired. The sheriff shall proceed according to such election.
Rule 76.12.Election of Order of Sale.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 76.12 lets the person whose property is levied upon choose the order in which multiple parcels or items will be sold, by delivering a written election to the sheriff at least three days before the sale.
Full Text of Rule 76.12
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 76.25.
Plain-English Summary
When more than one piece of property is up for execution sale, the order of sale can matter a great deal to the debtor — selling the least valuable or least missed property first might leave enough proceeds to stop the sale before it reaches something the debtor cares more about keeping. Rule 76.12 recognizes that stake by giving the debtor control over the sequence.
To exercise this right, the debtor delivers a written statement to the sheriff at least three days before the sale date, specifically stating the order desired. The sheriff must then proceed according to that election rather than choosing the sequence independently.
This is a modest but meaningful protection. It costs the debtor nothing more than a timely written notice, yet it can preserve property the debtor values most by directing the sheriff to sell other assets first.
Frequently Asked Questions
How does the debtor choose the order in which property is sold?
By delivering to the sheriff a written statement specifically identifying the order of sale desired.
How far in advance must this election be delivered?
At least three days before the day of the sale.
Is the sheriff required to follow the debtor's chosen order?
Yes. Once a timely written election is delivered, the sheriff must proceed according to that election.
What happens if the debtor does not make an election?
Without a timely written election specifying an order, the sheriff proceeds with the sale in whatever order the sheriff determines is appropriate.
Does this right apply only to real estate sales?
The rule speaks generally to election of the order of sale and is not limited on its face to only one property type.
Why would a debtor want to control the order of sale?
Selling certain items first might raise enough to satisfy the execution before the sale reaches property the debtor wants to keep, since a sale can stop once the execution is fully satisfied.
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: order of sale electionsale sequenceexecution sale orderwritten election of sale order