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Rule 85.19.Multiple Attachments--Issues--Who may Raise.

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

In one sentenceRule 85.19 provides that when different claimants have attached the same property, each may challenge any other claimant’s attachment or assert any defense to the underlying claim that the owner of the property could have raised.

Full Text of Rule 85.19

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When the same property is attached by different claimants, the claimants may challenge any other attachment or make any defense to the underlying claim which the owner of the property could make.

Amendment History

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

Official Comment

This is new. Compare: Prior Rules 85.48 and 85.54.

Plain-English Summary

When several claimants attach the same property, each has a direct financial stake in how the others’ claims turn out — a successful challenge to a competing attachment can free up more of the property to satisfy the challenger’s own claim. Rule 85.19 recognizes that stake by giving each claimant standing to challenge any other attachment on the same property, not just to defend its own.

The rule goes a step further. It lets a claimant raise any defense to the underlying claim that the property owner could have raised. In effect, one claimant can step into the owner’s shoes to attack a competing claimant’s underlying case, even though the challenging claimant is not the defendant in that other action. This gives real teeth to the priority contest that Rule 85.18 sets up: a claimant is not limited to arguing that its own attachment came first, but can also attack the validity of the competing claim itself.

This structure makes sense once you see what is at stake. Attached property may not be enough to satisfy every claimant in full, so Rule 85.19 lets each one fight for a bigger share by testing both the attachment procedures and the merits of the underlying claims competing for the same limited property. Rule 85.20 rounds out this picture by letting anyone else claiming an interest in the attached property intervene in the proceeding as well.

Frequently Asked Questions

Can one claimant challenge another claimant’s attachment on the same property?

Yes. Rule 85.19 allows any claimant to challenge any other attachment on the same property.

Can a claimant raise defenses that belong to the property owner?

Yes, the rule allows a claimant to make any defense to the underlying claim which the owner of the property could make.

Why would a claimant want to attack a competing claimant’s underlying case?

Because if the same property has been attached by multiple claimants, defeating or shrinking a competing claim can leave more of the property available to satisfy the challenging claimant’s own claim.

How does Rule 85.19 relate to Rule 85.18?

Rule 85.18 gives the court authority to determine priority and validity among competing attachments and designates which court decides those issues; Rule 85.19 gives the claimants themselves the tools to raise challenges and defenses within that proceeding.

Does this rule let a nonclaimant intervene in the dispute among claimants?

No, Rule 85.19 addresses challenges among the different claimants; Rule 85.20 separately allows a person claiming an interest in the attached property to intervene.

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: competing claimants attached propertychallenging another attachmentdefenses to underlying claim attachmentclaimant asserting owner's defenses