Rule 76.13.Notice of Sale of Personal Property.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
Full Text of Rule 76.13
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(Repealed June 1, 1993, effective Jan. 1, 1994.)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.