The person whose personal property has been levied upon may retain or regain possession of the property until the time of sale, by giving bond, in favor of the judgment creditor executed by such person as principal and one or more sufficient sureties, approved by the sheriff, in double the value of such property, conditioned upon the delivery of the property at the time and place of sale.
Rule 76.14.Retention of Personal Property Pending Sale.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.14 lets a person whose personal property has been levied upon keep or regain possession of it until the sale by posting a bond in the judgment creditor's favor for double the property's value, guaranteeing its delivery at the time and place of sale.
Full Text of Rule 76.14
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 76.27.
Plain-English Summary
Losing possession of personal property the moment it is levied upon can be disruptive, especially for equipment or goods someone still needs to use before a sale happens. Rule 76.14 offers a way around that: the debtor can post a bond and keep or regain possession of the property until sale day.
The bond has real teeth. It must run in favor of the judgment creditor, be executed by the debtor as principal along with one or more sureties the sheriff approves, and be set at double the value of the property. That size reflects the risk the creditor takes by letting the debtor retain the property — if the debtor fails to produce it at sale time, the bond needs to cover both the property's value and the trouble of enforcing the bond itself.
The bond's condition is plain: deliver the property at the time and place set for sale. If the debtor meets that condition, the arrangement lets the debtor keep using the property during the interim without changing the outcome of the execution sale itself.
Frequently Asked Questions
Who can benefit from this bond arrangement?
The person whose personal property has been levied upon, who may retain or regain possession of it before the sale by posting the required bond.
How large must the bond be?
Double the value of the property being retained.
Who must approve the sureties on the bond?
The sheriff must approve the sureties, and there must be one or more sufficient sureties along with the debtor as principal.
In whose favor is the bond given?
The judgment creditor.
What condition must the debtor satisfy under the bond?
Delivery of the property at the time and place set for the sale.
What happens if the debtor fails to deliver the property at sale time?
Failure to meet the bond's condition exposes the debtor and sureties to a breach of bond claim, which is addressed under Rule 76.26.
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: bond to retain propertypossession pending saleretention bonddouble value bond