Rule 76.16.Notice of Sale.
Part I · Rule 76: Executions · Last amended January 1, 2004 · Last verified July 22, 2026
Full Text of Rule 76.16
Amendment History
Adopted June 10, 1980, eff. Jan. 1 1981. Amended June 1, 1993, eff. Jan 1, 1994; Amended April 25, 2003, eff. Jan 1, 2004.
Official Comment
(Repealed June 1, 1993, effective Jan. 1, 1994.)
Plain-English Summary
Selling land at execution demands broader public notice than a personal property sale, since real estate transactions typically draw more attention and higher stakes. Rule 76.16 requires published notice in each county where any part of the land to be sold is located.
The notice must cover the essentials a prospective bidder would need: the time and place of sale, a description of the land and where it sits, and the payment methods the judgment creditor has approved. It cannot run just once — the rule requires publication at least once a week for four consecutive weeks, appearing on the same day each week, so interested buyers have repeated opportunities to see it. The final publication cannot be more than a week before the sale itself, keeping the notice fresh.
The rule also specifies where to publish: a newspaper printed in the county, if one is regularly published weekly or daily. Only if no such newspaper exists does the rule allow publication in a newspaper the court designates instead.
Frequently Asked Questions
In how many counties must notice of a land sale be published?
In each county in which any part of the land to be sold is located.
How often must the notice run?
At least once a week for four successive weeks, appearing on the same day of the week each time.
How close to the sale date can the last publication run?
No more than one week before the day of the sale.
What must the notice say?
The time and place of sale, what land is to be sold and where it is situated, and the methods of payment the judgment creditor has approved.
Where must the notice be published?
In a newspaper printed in the county, if one is regularly published weekly or daily; if there is none, in a newspaper the court designates.
Does this rule address notice to the debtor personally, or just public notice?
Just public notice by publication; separate personal notice to the person whose land is levied upon is required under Rule 76.17.