The person whose property has been levied upon may apply to the judge of the division of the court out of which the same was issued for a stay of execution or to quash the execution. Reasonable notice of the time of the hearing on the application shall be given to opposing parties. The application shall be by petition setting forth good cause why the execution should be stayed or quashed. The court may require the petitioner to provide a sufficient bond with adequate security approved by the court, conditioned upon the delivery of the property.
Rule 76.25.Stay or Quashing of Execution--Bond.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.25 lets a person whose property has been levied upon petition the judge who issued the execution for a stay or to quash it, with notice to opposing parties, and allows the court to require a bond guaranteeing delivery of the property as a condition of relief.
Full Text of Rule 76.25
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rules 76.60, 76.61 and 76.62.
Plain-English Summary
Not every execution should run to completion without a chance for the debtor to be heard. Rule 76.25 gives the person whose property has been levied upon a formal way to challenge the execution itself, by applying to the judge of the division of the court that issued it, seeking either a stay of the execution or an order quashing it entirely.
This is not an ex parte request. The rule requires reasonable notice of the hearing to opposing parties, and the application itself must take the form of a petition setting forth good cause why the execution should be stayed or quashed — a bare request without a stated reason will not do.
Even when a debtor makes this request, the court retains a tool to protect the creditor's interest in the meantime: it may require the petitioner to post a sufficient bond, with security the court approves, conditioned on delivering the property. That way, a debtor who wins a stay or a quash order cannot use the delay to make the property disappear.
Frequently Asked Questions
Who can apply for a stay or to quash an execution?
The person whose property has been levied upon.
To whom is this application made?
The judge of the division of the court out of which the execution was issued.
Must opposing parties get notice of this application?
Yes. Reasonable notice of the time of the hearing on the application must be given to opposing parties.
What form must the application take?
A petition setting forth good cause why the execution should be stayed or quashed.
Can the court require anything from the petitioner as a condition of relief?
Yes. The court may require the petitioner to provide a sufficient bond, with adequate security the court approves, conditioned on delivery of the property.
What is the difference between staying and quashing an execution?
A stay pauses the execution temporarily, while quashing the execution ends it altogether; the rule allows the petitioner to seek either form of relief.
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: stay of executionquash executionexecution bondpetition to stay execution