Rule 76.21.Personal Property to be Delivered--Bill of Sale Given, When.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 76.21
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 76.46.
Plain-English Summary
Buying property at an execution sale should result in getting the property. Rule 76.21 makes that concrete for personal property sales: once the purchaser has paid the purchase price, the sheriff must deliver the personal property to that purchaser.
The rule also gives the purchaser a documentary option. Upon request, the sheriff must execute and deliver a bill of sale, giving the purchaser written proof of the transaction and the transfer of ownership. This matters for personal property that may later need to be shown as legitimately acquired, particularly items like vehicles or equipment where a paper trail of ownership carries weight.
Together, payment triggers delivery, and delivery can be documented with a bill of sale on request — a clean, simple close to the personal property side of an execution sale.
Frequently Asked Questions
When must the sheriff deliver purchased personal property?
Upon payment of the purchase price by the purchaser.
Is the sheriff required to provide a bill of sale automatically?
No. The sheriff executes and delivers a bill of sale only upon the purchaser's request.
What does the bill of sale accomplish?
It documents the sale and transfer of the personal property to the purchaser, providing written evidence of the transaction.
Does this rule apply to real estate purchases as well?
No. This rule addresses delivery and bills of sale for personal property specifically; deeds for real estate sold under execution are addressed separately in Rule 76.23.
What if the purchaser never requests a bill of sale?
The sheriff is not required to provide one unless asked; delivery of the property itself still occurs upon payment.
Who executes the bill of sale?
The sheriff who conducted the execution sale.