Rule 85.03.Affidavit to Obtain Writ of Attachment.

An affidavit is the claimant’s sworn foundation for asking the court to seize someone else’s property before any judgment has been entered. Rule 85.03 spells out exactly what that affidavit must say. First, it must describe the claim: what it is and how much it is worth. Second, it must lay out facts — not conclusions — showing that one of the grounds for attachment listed in Section 521.010, RSMo, is present.

The rule itself does not list those grounds; it points to the statute for them. That structure keeps Rule 85 focused on procedure while leaving the substantive grounds for attachment, such as a defendant’s absconding or fraudulently disposing of property, in the statute where the legislature placed them. The affidavit is the vehicle that carries those statutory facts to the court.

Because the affidavit is the document the court reviews under Rule 85.04 to decide whether a writ should issue, its accuracy and specificity carry real weight. An affidavit that states only conclusions, without facts backing them, risks being found insufficient — and Rule 85.14 allows dissolution of an attachment when the claimant fails to file a sufficient affidavit after the court identifies the defect.