Rule 85.21.Manner of Attaching Property.

Instead of inventing a separate set of mechanics for how the sheriff physically seizes property on a writ of attachment, Rule 85.21 borrows the levy procedure that already governs execution generally: Rule 76. Property is attached the same way it would be levied upon under that rule, whether the property is personal property, real estate, or something else Rule 76 addresses.

This cross-reference keeps Rule 85 from duplicating detailed levy mechanics that already exist elsewhere in the rules. It also means that whatever refinements or requirements Rule 76 imposes on levies generally — including the specific process addressed in Rule 76.06 that the official comment to this rule points to — carry over automatically to attachment, without Rule 85 having to restate them.

Once property has been seized under this rule, other Rule 85 provisions govern what happens next: Rule 85.22 allows appointment of a receiver over seized property, and Rule 85.23 allows prejudgment sale of personal property under specified circumstances, again by reference to the sale procedure in Rule 76.13. Rule 85.21 is the starting point that gets the property into the sheriff’s custody in the first place.