As used in this Rule 85 “claimant” means the party seeking the attachment, “owner” means the party against whose property the attachment is sought, and “nonowner” means a nonowner from whose possession the property is taken.
Rule 85.01.Definitions.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 85.01 defines three terms used throughout the attachment rules — claimant, owner, and nonowner — so the later rules on writs, bonds, and hearings can refer to the parties without restating who they are each time.
Full Text of Rule 85.01
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new.
Plain-English Summary
Attachment lets a party seize a defendant’s property before judgment, to make sure something will be left to satisfy a later award. Because the property seized may sit in someone else’s hands, and because more than one person may have a stake in it, Rule 85 needs precise labels for who is who. Rule 85.01 supplies three: the claimant is the party asking for the attachment, the owner is the party whose property is targeted, and the nonowner is whoever happens to be holding that property when the sheriff levies on it — a bailee, a tenant, a repair shop, anyone but the owner.
These labels matter because the rules that follow give different rights to each. The claimant must file an affidavit and post a bond. The owner gets notice, a chance to request a hearing, and the option to post a bond to keep or regain possession. The nonowner in possession also gets notice and a separate bond option, because that person may have no stake in the underlying dispute but still has property tied up by the writ.
Rule 85.01 does no more than fix vocabulary. It sets no deadlines, states no grounds for attachment, and creates no procedure. Everything it defines gets put to work in the rules that follow, starting with Rule 85.02’s statement of when attachment is available at all.
Frequently Asked Questions
Who counts as the ‘owner’ under Rule 85.01?
The owner is the party against whose property the attachment is sought — the person the claimant is trying to reach through the writ, regardless of who is physically holding the property.
What is a ‘nonowner’ and why does the rule single that person out?
A nonowner is someone other than the owner who has possession of the property when it is levied on — for example, a repair shop holding a car or a warehouse holding goods. Rule 85 gives this person separate notice and bond rights because the property in their hands may not belong to them.
Is the claimant always the plaintiff in the lawsuit?
Not necessarily. Rule 85.02 allows attachment on a claim by petition, counterclaim, cross-claim, or third-party petition, so the claimant is whichever party is asserting that particular claim.
Does Rule 85.01 create any rights or deadlines?
No. It only defines terms. The rights and procedures tied to claimant, owner, and nonowner status appear in the rules that follow, such as Rule 85.07 on notice and Rules 85.09 and 85.10 on bonds.
Can one person be both an owner and a nonowner under this rule?
No, the definitions are mutually exclusive for a given piece of property — a person either owns the attached property or holds it without owning it. A person could be an owner as to one piece of attached property and hold other property as a nonowner, but not both as to the same item.
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: attachment definitionsclaimant owner nonownerwho is the owner in attachmentattachment terminologyRule 85 definitions