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Rule 85.07.Service of Writ and Notice.

Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 85.07 requires the owner of attached property to be served with the writ and a written notice, and any nonowner in possession at levy to be served with a copy of the writ and notice, informing both of their bond rights and hearing rights.

Full Text of Rule 85.07

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When a writ of attachment is issued the writ of attachment, together with a written notice, shall be served on the owner of the property and a written notice, with a copy of the writ of attachment, shall be served on a nonowner in possession at the time of levy. The written notice shall advise them of the right to file a bond pursuant to Rules 85.09 and 85.10, and of the owner’s right to request a hearing to determine the propriety of the issuance of the writ. Service of the writ and notice may be made as provided in Rule 54.

Amendment History

Adopted June 10, 1980, eff. Jan. 1, 1981.

Official Comment

This is new. Compare: Prior Rule 85.21.

Plain-English Summary

Attachment reaches property before the underlying claim has been decided, so notice to the people affected is central to fairness. Rule 85.07 requires two separate service packages. The owner — the person against whose property the attachment runs — must be served with the writ itself along with a written notice. A nonowner who happens to be in possession of the property when it is levied on must be served with a written notice and a copy of the writ, even though that person is not the party being sued.

The content of the notice is not left to guesswork. It must tell both the owner and the nonowner that they have the right to file a bond — the owner under Rule 85.09, to retain or regain possession by posting security tied to the value of the property or the claim, and the nonowner under Rule 85.10, on similar terms. The notice must also tell the owner specifically about the right to request a hearing on whether the writ was properly issued, the hearing procedure set out in Rule 85.13.

Rule 85.07 closes by tying service of the writ and notice to the general service rule, Rule 54, instead of creating a separate service mechanism just for attachment. That keeps attachment practice consistent with how process is served throughout Missouri civil procedure, while layering on the extra notice content this rule demands.

Frequently Asked Questions

Who must be served when a writ of attachment issues?

The owner of the property must be served with the writ and a written notice, and any nonowner in possession of the property at the time of levy must be served with a written notice and a copy of the writ.

What must the written notice tell the owner and nonowner?

It must advise them of the right to file a bond under Rules 85.09 and 85.10, and it must tell the owner specifically about the right to request a hearing on whether the writ was properly issued.

Does a nonowner in possession get the same hearing right as the owner?

The rule specifies that the notice must advise of the owner’s right to request a hearing, so the hearing right described in this rule runs to the owner; the nonowner’s protection under this rule is notice plus the bond option in Rule 85.10.

How is the writ and notice served?

Rule 85.07 provides that service may be made as provided in Rule 54, Missouri’s general rule governing service of process.

What if the nonowner in possession changes before levy?

The rule specifies service on the nonowner ‘in possession at the time of levy,’ so the relevant person is whoever holds the property when the sheriff executes the writ.

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: service of writ of attachmentnotice to owner attachmentnonowner notice attachmentattachment hearing rights