If the court finds that the facts stated in the affidavit show that the writ of attachment should issue, the writ shall be issued upon compliance with Rule 85.08.
Rule 85.04.Issuance of Writ of Attachment.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 85.04 directs the court to issue a writ of attachment once it finds that the facts stated in the claimant’s affidavit support attachment, provided the claimant has also complied with the bond requirement in Rule 85.08.
Full Text of Rule 85.04
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 85.04.
Plain-English Summary
Rule 85.04 is the hinge between the paperwork in Rule 85.03 and the writ itself. It puts the decision squarely in the court’s hands: the judge must find that the facts in the affidavit show attachment should issue. This is a substantive check, not a rubber stamp — the court is reviewing whether the affidavit demonstrates a statutory ground, not merely confirming that an affidavit was filed.
Even after that finding, the writ does not issue automatically. The rule ties issuance to compliance with Rule 85.08, which requires the claimant to post a bond before the writ can go out. That sequencing protects the owner of the property: attachment is a serious step, taken before any judgment, and the bond stands ready to compensate the owner if the attachment turns out to be wrongful.
Together, Rules 85.03 and 85.04 create a two-step gate. The affidavit supplies the facts; the court makes the finding; and only after the bond is posted does the writ issue. If the court later determines the affidavit was insufficient, Rule 85.14 allows the attachment to be dissolved for that reason, even after a writ has gone out.
Frequently Asked Questions
What must the court find before a writ of attachment issues?
The court must find that the facts stated in the affidavit show that the writ of attachment should issue.
Is a favorable finding on the affidavit enough to get the writ?
No. Rule 85.04 also requires compliance with Rule 85.08, meaning the claimant must post the required bond before the writ issues.
Does the court review the affidavit for legal sufficiency or just check that it was filed?
The rule requires an actual finding that the stated facts support issuance, so the court is evaluating the substance of the affidavit against the standard in Rule 85.03, not merely confirming its filing.
What happens if the court later decides the affidavit was insufficient after all?
Rule 85.14 allows the attachment to be dissolved if the affidavit is found insufficient and the claimant fails to file a sufficient one within the time the court allows.
Where is the bond requirement referenced in Rule 85.04 spelled out?
In Rule 85.08, which sets the amount of the bond, its conditions, and the narrow exception for the State or a county acting as claimant.
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: issuance of writ of attachmentcourt finding attachmentwhen does a writ of attachment issuebond required before writ issues