The prevailing party shall not be required to make an election between the return of the property or the payment of the value thereof assessed by the court or jury until the property is in the possession of the sheriff and notice thereof is given by the sheriff to the prevailing party. Service of the notice may be made as provided in Rule 43.01. The prevailing party shall have ten days after the service of the notice to make an election to receive the value of the property assessed by the court or jury. The election must be in writing and shall be filed with the clerk of the court.
Rule 99.13.Election of Prevailing Party--When and How Made.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.13 gives the prevailing party in a replevin judgment ten days after notice that the property is in the sheriff's possession to elect, in writing filed with the clerk, whether to take the property back or receive its assessed value.
Full Text of Rule 99.13
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The sources are prior Rules 99.15 and 99.16. The following is new: “Service of the notice may be made as provided in Rule 43.01. The prevailing party shall have ten days after the service of the notice to make an election to receive the value of the property assessed by the court or jury. The election must be in writing and shall be filed with the clerk of the court.”
Plain-English Summary
A replevin judgment under Rule 99.12 can give the winning party a choice: the property itself, or its assessed value. Rule 99.13 controls when and how that choice has to be made. The prevailing party isn't forced to decide until the property is back in the sheriff's possession and notice of that fact has been given, which makes sense — there is little point electing to take property back before it is even available to take.
Once notice is served, the clock starts. The prevailing party has ten days to make the election, and that election has to be in writing and filed with the clerk of the court. Service of the notice itself follows Rule 43.01, the general Missouri rule for how papers are served after a lawsuit is underway.
This rule fills a gap left by earlier practice. Rules that came before it addressed the underlying right to elect but didn't spell out how notice would be served or how long the prevailing party had to respond. Rule 99.13 adds both pieces, giving the election process a defined timeline instead of leaving it open-ended.
Frequently Asked Questions
When must the prevailing party elect between the property and its value?
Within ten days after being served notice that the property is in the sheriff's possession.
How is the election made?
In writing, filed with the clerk of the court.
How is notice of the property's availability served?
As provided in Rule 43.01, Missouri's general rule for service of papers after a lawsuit has begun.
Is the prevailing party required to elect before the property is in the sheriff's possession?
No. The rule ties the election deadline to notice that the property is already in the sheriff's possession.
What if the prevailing party doesn't file a written election within ten days?
The rule sets the ten-day period as the time to elect; the written, filed election is how that choice is formally recorded.
What is being elected between?
Receiving the property back, or receiving the value of the property as assessed by the court or jury under Rule 99.12.
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: election of prevailing party replevinchoose property or value Missouriten day election replevin judgmentnotice property in sheriff possession