Rule 85.14.Dissolution of Attachment.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.14
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rules 85.39, 85.40 and 85.46.
Plain-English Summary
Rule 85.14 is where the fairness safeguards built into earlier attachment rules converge. The owner may move to dissolve the attachment at any point before final judgment — there is no fixed deadline cutting off that right. Once the motion is made, the burden sits with the claimant, not the owner, to prove the attachment was properly granted. That allocation makes sense given how attachment starts: an ex parte affidavit and a court finding, without the owner’s participation, so the owner should not have to disprove what was never proven with the owner present.
The rule then lists specific situations in which the court must dissolve the attachment, not merely may. Two track back to earlier rules directly: if the bond required under Rule 85.08 is found inadequate and the claimant does not file a sufficient one within the time the court sets, dissolution follows; the same is true if the affidavit under Rule 85.03 is found insufficient and not fixed in time. A third ground ties to the owner’s own bond under Rule 85.09 — if the owner has entered an appearance in the case and that bond has been filed and approved, the attachment is dissolved, since the owner’s bond has already replaced the attached property as security.
The fourth ground is a catch-all: dissolution for any other reason the writ should not have been issued. That final clause keeps the list from being a rigid checklist and lets the court dissolve an attachment whenever the underlying justification for it falls apart, even for reasons the first three grounds do not specifically describe.
Rule 85.13 supplies the procedural vehicle — a written request for a hearing, held within ten days — through which an owner typically brings this motion before the court. Whatever the court decides on a motion to dissolve becomes part of the record that Rule 85.15 requires to be reflected in the final judgment.
Frequently Asked Questions
When can the owner move to dissolve an attachment?
At any time before final judgment.
Who has the burden of proof on a motion to dissolve?
The claimant, who must prove the attachment was properly granted.
What happens if the attachment bond is found inadequate?
The attachment is dissolved if the claimant fails to file a sufficient bond, approved by the court, within the time the court directs.
What happens if the affidavit supporting the writ is found insufficient?
The attachment is dissolved if the claimant fails to file a sufficient affidavit, approved by the court, within the time the court directs.
Does the owner posting a bond under Rule 85.09 automatically dissolve the attachment?
It does when combined with the owner having entered an appearance in the action — Rule 85.14(c)(3) lists both conditions together as a ground for dissolution.
Is the list of grounds for dissolution exhaustive?
No. Rule 85.14(c)(4) allows dissolution for any other reason the writ of attachment should not have been issued.