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Rule 76.13.Notice of Sale of Personal Property.

Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026

In one sentenceRule 76.13 requires the sheriff to post three public notices at least ten days before selling personal property under execution, describing the property and the sale's time, place, and accepted payment methods, unless the property is perishable or rapidly depreciating.

Full Text of Rule 76.13

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Before selling personal property under an execution, the sheriff, at least ten days before the sale, shall post three notices in public places in the township in which the sale is to be held. The notices shall describe the property to be sold, shall state the time and place of sale, and shall state the methods of payment approved by the judgment creditor. If the court finds that the personal property is likely to perish or is likely to depreciate in value to a considerable extent, the period of notice may be shortened or eliminated.

Amendment History

Adopted June 10, 1980, eff. Jan. 1, 1981; Amended June 1, 1993, eff. Jan. 1, 1994.

Official Comment

(Repealed June 1, 1993, effective Jan. 1, 1994.)

Plain-English Summary

Before a sheriff can sell seized personal property, the public needs a fair chance to learn about the sale and show up to bid. Rule 76.13 requires the sheriff to post three notices in public places within the township where the sale will happen, at least ten days ahead of time.

Those notices have to do real work: describe the property being sold, state when and where the sale will occur, and identify what payment methods the judgment creditor has approved. That level of detail lets prospective bidders decide in advance whether they are interested and how they can pay.

The rule builds in one exception for property that will not wait. If the court finds the personal property is likely to perish or depreciate considerably, the ten-day notice period can be shortened or done away with entirely, so perishable goods do not lose all their value while the standard notice period runs.

Frequently Asked Questions

How many notices must the sheriff post before a personal property sale?

Three notices, posted in public places in the township where the sale will be held.

How far in advance must these notices be posted?

At least ten days before the sale, unless the court has shortened or eliminated that period for perishable or depreciating property.

What must the notice of sale include?

A description of the property to be sold, the time and place of sale, and the methods of payment the judgment creditor has approved.

Can the ten-day notice period ever be shortened?

Yes. If the court finds the personal property is likely to perish or to depreciate considerably in value, the notice period may be shortened or eliminated.

Who decides whether property qualifies for the shortened notice exception?

The court makes that finding regarding the property's likelihood of perishing or losing considerable value.

Does this rule apply to sales of real estate?

No. It specifically addresses notice for the sale of personal property under execution; land sales are separately addressed in Rules 76.15 and 76.16.

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: personal property sale noticeperishable property salesheriff posted noticeten day notice of sale