513.380. Examination of judgment debtor, when, procedure--grant of use immunity. - Missouri Statutes

Examination of judgment debtor, when, procedure--grant of useimmunity.

513.380. 1. Whenever an execution against the property ofany judgment debtor, individual or corporate, issued from anycourt in this state, shall be returned unsatisfied, in whole orin part, by any sheriff or other proper officer, the judgmentcreditor in such execution, his executor, administrator orassign, may, at any time within five years after such return somade, be entitled to an order by the court rendering suchjudgment, requiring the judgment debtor or, in the case of acorporate judgment debtor, its chief officer to appear beforesuch court at a time and place in said order to be named, toundergo an examination under oath touching his ability and meansto satisfy said judgment, and in case of neglect or refusal onthe part of such judgment debtor or, in the case of a corporatedebtor, its chief officer to obey such order, such court ishereby authorized to issue a writ of attachment against saiddebtor, as now provided by law, and to punish him or, in the caseof a corporate debtor, its chief officer for contempt.

2. Any prosecuting attorney or circuit attorney may grantuse immunity from prosecution to a judgment debtor for anystatement made at a judgment debtor's examination conductedpursuant to subsection 1 of this section. Such use immunity fromprosecution shall protect such person from prosecution for anyoffense related to the content of the statements made.

(RSMo 1939 § 1391, A.L. 1959 H.B. 372, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 1227; 1919 § 1679; 1909 § 2248