513.130. Third-party claim--proceedings--bond.

MISSOURI STATUTES AND CODES

513.130. Third-party claim--proceedings--bond.

Third-party claim--proceedings--bond.

513.130. 1. When personal property, or any shares in anybank, association, joint stock company or corporation, or othereffects, shall be seized by virtue of any execution, and anyperson other than the debtor in the execution shall, in writing,verified by affidavit of himself or some credible person, claimsuch property, or any part thereof, and shall in such claim setforth the right, title or interest of such claimant in and tosuch property, or any part thereof, and deliver such writtenclaim to the officer making such seizure, such officer shall atonce deliver a copy of such written claim to the executioncreditor or his attorney of record; and if such executioncreditor shall fail, within a reasonable time thereafter, toexecute and deliver or tender to such officer a bond, payable tothe state of Missouri, with one or more sufficient sureties,residents of the county, to be approved by the officer,conditioned to indemnify such officer and claimant against alldamages and costs that may accrue to such officer, or to suchclaimant, by reason of the seizure and sale of such property, theofficer shall abandon such levy and release the property to theclaimant.

2. If the execution creditor shall execute and deliver suchbond to the officer, the claimant may, at any time before thesale of the property, take possession thereof, upon executing anddelivering to the officer a bond, with one or more sufficientsureties, resident of the county, to be approved by him, payableto the state of Missouri, and conditioned that the property shallbe safely kept and preserved from damage, and be forthcoming whenand where the court shall direct, and for the payment of allcosts that shall in the matter of such claim be adjudged againstthe claimant.

3. Such bonds may be sued on, at the instance of any personinjured, in the name of the state, to the use of such person, forany breach of the condition of such bonds; and the damage whichsuch person shall sustain shall be recovered thereon, if theexecution creditor shall give bond, as provided in this section.