Rule 85.07.Service of Writ and Notice.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.07
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.