Rule 76.18.Sale--How Conducted.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
Full Text of Rule 76.18
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(Repealed June 1, 1993, effective Jan. 1, 1994.)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
Once notice has been given, Rule 76.18 governs how the actual sale unfolds. Property taken in execution must be exposed to sale on the day advertised, sometime between nine in the morning and five in the afternoon, conducted publicly by auction. The highest bidder becomes the purchaser — there is no reserve price or private negotiation contemplated by the rule.
Payment is traditionally understood as ready money, but the rule accommodates modern practice: if the judgment creditor approves it and it is included in the notice of sale, the sheriff may accept a cashier's check, money order, or other payment method instead of cash on the spot.
Sales do not always finish in a single day, particularly when multiple parcels or items are involved. If there is not enough time to sell everything in one day, the sheriff continues the sale from day to day at the same place, announcing both the adjournment and when the sale will pick back up. This keeps a multi-item sale orderly rather than requiring a fresh round of notice for each day.
Frequently Asked Questions
During what hours must an execution sale be conducted?
Between nine in the forenoon and five in the afternoon on the day advertised.
Who becomes the purchaser at an execution sale?
The highest bidder at the public auction.
Must payment be made in cash?
Traditionally in ready money, but the sheriff may accept a cashier's check, money order, or other method if the judgment creditor approved it and it was included in the notice of sale.
What happens if the sheriff cannot sell everything in one day?
The sheriff continues the sale from day to day at the same location, announcing the adjournment and the date and time the sale will resume.
Is bidding at an execution sale private or public?
Public, conducted by auction.
Does this rule apply to both real estate and personal property sales?
The rule speaks broadly to property taken in execution and exposed to sale, covering the mechanics of the auction itself for property sold under execution.