At least thirty days before the sale of land the judgment creditor shall serve a notice of sale on the person whose land is levied upon by personal service or by mailing a copy thereof to the person’s last known address. Service may be shown by acknowledgment of receipt, written return of service, or by affidavit or by written certificate of counsel making such mailing. Proof of service shall be filed in the court.
Rule 76.17.Notice to Person Whose Land is Levied Upon.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 76.17 requires the judgment creditor to give the person whose land is levied upon at least thirty days' personal or mailed notice of the sale, with proof of that service filed in court.
Full Text of Rule 76.17
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981; Amended June 1, 1993, eff. Jan. 1, 1994.
Official Comment
Repealed June 1, 1993, eff. Jan. 1, 1994. The 1993 amendment, in the first sentence, substituted “thirty days” for “twenty days”.
Plain-English Summary
Public notice by newspaper publication is not enough when it comes to the person who stands to lose the land. Rule 76.17 requires the judgment creditor to serve direct notice on that person, at least thirty days before the sale.
Service can happen in one of two ways: personal service, or mailing a copy of the notice to the person's last known address. Either method is acceptable, giving the creditor some flexibility depending on whether the debtor can be located and served in person.
The rule also cares about proof. Service can be shown through an acknowledgment of receipt, a written return of service, an affidavit, or a written certificate from counsel who did the mailing. Whatever form that proof takes, it must be filed in the court, creating a record that the debtor received the required notice before losing the land.
Frequently Asked Questions
How much advance notice must the judgment creditor give the debtor of a land sale?
At least thirty days before the sale.
Who is responsible for serving this notice?
The judgment creditor.
How can this notice be served?
By personal service on the person whose land is levied upon, or by mailing a copy to that person's last known address.
How is proof of service shown?
By acknowledgment of receipt, a written return of service, an affidavit, or a written certificate of counsel who made the mailing.
Must proof of service be filed anywhere?
Yes. Proof of service must be filed in the court.
How does this personal notice requirement differ from the published notice under Rule 76.16?
Rule 76.16 requires broad public notice by newspaper publication in each affected county, while Rule 76.17 requires notice specifically directed to the person whose land is being sold.
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: notice to judgment debtorservice of sale noticepersonal notice of execution salethirty day notice of land sale