After the commencement of a civil action a party who presents therein a claim by petition, counter-claim, cross-claim or third-party petition may obtain a writ of attachment upon compliance with this Rule 85.
Rule 85.02.Availability of Attachment.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 85.02 states that once a civil action is pending, any party asserting a claim — by petition, counterclaim, cross-claim, or third-party petition — may obtain a writ of attachment if that party complies with the rest of Rule 85.
Full Text of Rule 85.02
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new.
Plain-English Summary
Rule 85.02 marks the starting gate for attachment: the underlying civil action must already be commenced. Attachment is not a way to start a lawsuit on its own; it is a provisional remedy attached to a claim that is already before the court. Once that claim is on file, the rule opens the door to any party who has presented one — not just the original plaintiff. A defendant asserting a counterclaim, a party bringing a cross-claim against a co-party, or a party filing a third-party petition can each seek a writ under the same rule.
The rule is short because it is a gateway provision, not a standard. It tells a party that attachment is available in principle, then sends that party to the rest of Rule 85 to get one. Compliance means filing the affidavit required by Rule 85.03, showing grounds recognized under Section 521.010, RSMo, and following through on the bond and service requirements in the rules that come after.
Read together with Rule 85.01’s definitions, this rule tells you two things at once: who can be a claimant (any party with a qualifying claim already on file) and what that status requires (compliance with the whole of Rule 85, not just this one section). It is the hinge between having a lawsuit and having a writ that reaches the opposing party’s property before judgment.
Frequently Asked Questions
Can a defendant obtain a writ of attachment?
Yes. Rule 85.02 allows any party presenting a claim by petition, counterclaim, cross-claim, or third-party petition to seek attachment, so a defendant asserting a counterclaim can qualify as a claimant.
Does the lawsuit need to already be filed before seeking attachment?
Yes. The rule applies ‘after the commencement of a civil action,’ so attachment is sought within a pending case, not as a way to begin one.
What does ‘compliance with this Rule 85’ require?
It means filing the affidavit described in Rule 85.03, obtaining the court’s finding under Rule 85.04, and posting the bond required by Rule 85.08 before the writ issues.
Can a third-party defendant seek attachment against the party who brought them into the case?
The rule speaks in terms of the claim asserted, not the party’s original position in the case, so a party presenting a third-party petition can seek attachment on that claim.
Is filing the affidavit enough to get the writ?
No. Rule 85.02 only establishes eligibility. The court still must find under Rule 85.04 that the affidavit shows the writ should issue, and the claimant must post the bond required by Rule 85.08.
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: when can you attach propertyavailability of attachmentwho may seek a writ of attachmentattachment on counterclaim