Rule 85.05.Form of Writ of Attachment.
Part III · Rule 85: Attachments · Last amended July 1, 2013 · Last verified July 22, 2026
Full Text of Rule 85.05
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981; Amended Dec. 28, 2012, eff. July 1, 2013.
Official Comment
This is new. Compare: Prior Rule 85.17.
Plain-English Summary
Rule 85.05 does not describe a writ of attachment in general terms; it supplies the form itself, blanks and all. The writ speaks in the voice of the State of Missouri, addressed to any sheriff in the state, and it names the claimant and the owner, states the sum to be secured, and sets a return date by which the sheriff must certify to the court how the writ was executed.
Standardizing the form serves a practical purpose. A sheriff executing a writ needs a document that clearly authorizes the specific action being taken — attaching property up to a dollar amount, with interest and costs included — and a court clerk needs a uniform document to track. Because the form is prescribed by rule instead of left to each claimant’s drafting, there is less room for a defective or ambiguous writ to create disputes about what was authorized.
The form also builds in accountability: the sheriff must certify back to the court, by a stated date, exactly how the writ was carried out. That return feeds into later steps in the attachment process, including any hearing on the propriety of the attachment under Rule 85.13 and the eventual judgment under Rule 85.15.
Frequently Asked Questions
Who is the writ of attachment addressed to?
Any sheriff of any county in the State of Missouri, since the writ may be executed wherever the property to be attached is located.
What must the writ specify?
The sum the sheriff is commanded to satisfy by attaching property, that amount together with interest and costs, and a date by which the sheriff must certify to the court how the writ was executed.
Does the writ name both the claimant and the owner?
Yes, the prescribed form identifies the party who obtained the writ and the party whose property is to be attached.
Who signs the writ?
The form is signed by the clerk of the court, as reflected in the closing line of the prescribed form.
What happens after the sheriff executes the writ?
The sheriff must certify to the court, by the date stated in the writ, how the writ was executed — the mechanics of that execution are governed by Rule 85.21, which incorporates the levy procedure in Rule 76.