In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery as provided by Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01 and may enforce discovery as authorized by Rule 61.01 or by an order treating as a contempt of court the failure to comply with the discovery request. However, the scope of post-judgment discovery shall be limited to matters, not privileged, that are relevant to the discovery of assets, including insurance, or income subject to execution or garnishment for the satisfaction of judgments.
Rule 76.28.Discovery in Aid of Execution.
Part I · Rule 76: Executions · Last amended January 1, 1999 · Last verified July 22, 2026
In one sentenceRule 76.28 lets a judgment creditor or successor in interest use the standard discovery rules and enforce them through contempt or Rule 61.01, but limits post-judgment discovery to non-privileged matters relevant to finding assets or income subject to execution or garnishment.
Full Text of Rule 76.28
Amendment History
Adopted June 1, 1993, eff. Jan. 1, 1994. Amended May 26, 1998, eff. Jan. 1, 1999.
Plain-English Summary
Examining the debtor in person, as Rule 76.27 allows, is not always enough to uncover hidden or hard-to-trace assets. Rule 76.28 extends the ordinary tools of civil discovery into the post-judgment world, letting a judgment creditor — or a successor in interest once that interest appears of record — use the discovery mechanisms found in Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01.
Enforcement has teeth. If a debtor or third party will not comply with discovery requests, the creditor can enforce compliance as authorized under Rule 61.01, or ask the court to treat noncompliance as contempt of court. That gives real weight to discovery requests aimed at collecting a judgment, not just resolving a dispute before trial.
The rule does not open the door to unlimited digging, though. It expressly confines the scope of post-judgment discovery to non-privileged matters relevant to discovering assets — including insurance — or income subject to execution or garnishment for satisfying the judgment. Discovery under this rule stays tethered to collection, not a broader inquiry into the debtor's affairs.
Frequently Asked Questions
Who can use the discovery tools authorized by this rule?
The judgment creditor, or a successor in interest once that interest appears of record.
What discovery rules does this rule make available after judgment?
Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01.
How can this discovery be enforced if a party will not comply?
As authorized under Rule 61.01, or through an order treating noncompliance as contempt of court.
Is there a limit on what this post-judgment discovery can cover?
Yes. It is limited to non-privileged matters relevant to discovering assets, including insurance, or income subject to execution or garnishment to satisfy judgments.
Can a party who bought or inherited the judgment use this rule?
Yes, a successor in interest may use it once that interest appears of record.
How does this rule relate to the debtor examination under Rule 76.27?
It supplements that examination by giving the creditor the fuller set of formal discovery devices used in ordinary civil litigation, rather than relying only on an in-person examination.
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: post-judgment discoverydiscovery in aid of executionasset discoverycontempt enforcement