Rule 85.13.Hearing on Propriety of Attachment.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.13
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new.
Plain-English Summary
Because attachment reaches property before judgment, the owner needs a prompt way to challenge it, not just a bond option that leaves the underlying attachment in place. Rule 85.13 supplies that check: the owner can file a written request for a hearing aimed squarely at whether the attachment should be dissolved. The rule does not require any particular showing to trigger the request — filing it is enough to put the question before the court.
The rule then sets a firm clock. Once the owner files the request, the hearing must be held within ten days. That short window reflects the urgency built into the whole attachment scheme: property has already been seized or is subject to seizure, and the owner should not have to wait long for a chance to be heard on whether that seizure was proper.
This hearing right connects directly to Rule 85.14, which lays out the standards the court applies once the hearing happens — including the claimant’s burden to prove the attachment was properly granted and the specific grounds on which an attachment must be dissolved. Rule 85.07 also requires that the owner be told about this hearing right in the notice served along with the writ of attachment.
Frequently Asked Questions
Who can request a hearing under Rule 85.13?
The owner of the property that has been attached.
How is the hearing request made?
By filing a written request with the court.
How quickly must the hearing be held after the owner requests it?
Within ten days after the request is filed.
What question does the hearing decide?
Whether the attachment should be dissolved.
What standard does the court apply at the hearing?
Rule 85.14 supplies that standard, placing the burden on the claimant to prove the attachment was properly granted and listing specific grounds requiring dissolution.
Is the owner told about this hearing right anywhere else?
Yes. Rule 85.07 requires the written notice served with the writ of attachment to advise the owner of the right to request this hearing.