513.445. Officer shall apprise party of right to select, notice, contents--claims for exemption, how made, when--selection, how made--oath administered--court review of exemption claim, when, notice. - Missouri Statutes

Officer shall apprise party of right to select, notice,contents--claims for exemption, how made, when--selection, howmade--oath administered--court review of exemption claim, when,notice.

513.445. 1. It shall be the duty of the officer in whosehands any execution may come, within three days after he shallhave levied the same, to apprise the person against whom suchexecution has issued that an execution has been levied and of theproperty exempt, if any, under sections 513.430 and 513.440, andhis right to hold the same as exempt from attachment andexecution, together with the fact, generally stated, that thereare certain exemptions under state and federal law which thejudgment debtor may be able to claim with respect to the propertylevied upon, and describing the procedure for claiming same asexempt. The notice shall also inform the person against whomsuch execution was issued of the manner in which he may obtain aspecific description of the property upon which the levy wasmade. Such notice may be served in the same manner as a summons,or by mailing same to the judgment debtor at his last knownaddress by United States regular mail. Service by mail shall becomplete upon mailing.

2. The judgment debtor may make claim for exemption byfiling a verified request with the levying officer within twentydays after notice of the levy. Upon receipt of a verifiedrequest, the levying officer shall notify the party requestingthe execution forthwith that a claim of exemption has been filed,except that where the levy is in the form of a garnishment uponthe judgment debtor's wages, no such notification is required.The levying officer may summon three disinterested householders,who, after being sworn honestly and impartially to appraise theproperty exhibited to them, shall proceed to appraise and setapart to said judgment debtor the property exempt to him underthis chapter, and the officer levying such execution shall haveauthority to administer the oaths required by this section.

3. The levying officer shall release from the executionitems of cash or property selected by the judgment debtor to theextent required by law. The judgment debtor or any other partyaggrieved by the action of the levying officer, or by the failureof the levying officer to act within five days of the filing ofthe request for exemptions, may have the exemption claim reviewedand determined by the court by filing a request for court review.Any such hearing shall be expedited by the court and shall beheld not later than thirty days after the filing of the requestfor court review, upon no less than three days' notice to allparties in interest.

(RSMo 1939 § 1328, A.L. 1986 H.B. 1479)

Prior revisions: 1929 § 1164; 1919 § 1615; 1909 § 2184

(1972) A mechanic's lien does not attach to buildings and property owned by a municipality and used for the benefit of the public. Union Reddi-Mix Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160.

(1975) A constable is liable on his official bond for failure to notify a judgment debtor of his exemptions not only upon executions but as to garnishments in aid of execution. Dancer v. Cheunault (A.), 527 S.W.2d 714.

(1994) Where homeowners had not filed with sheriff verified request for homestead exemption prescribed in section, homestead does not lose its exempt status under homestead laws. Homestead property is absolutely exempt from sale until sheriff determines through appraisal whether there is equity, taking into account mortgages, liens and exemption value. Meeks Leasing Co. v. Young, 851 S.W.2d 232 (Mo.App.S.D.).