521.170. Manner of serving writ.

MISSOURI STATUTES AND CODES

521.170. Manner of serving writ.

Manner of serving writ.

521.170. The manner of serving writs of attachment shall beas follows:

(1) The writ and petition shall be served upon the defendantas an ordinary summons;

(2) Garnishees shall be summoned by the sheriff or otherproper officer, declaring to them that he does summon them toappear at the return term of the writ to answer theinterrogatories which may be exhibited by the plaintiff, and byreading the writ to them, if required;

(3) When lands or tenements are to be attached, the officershall briefly describe the same in his return, stating thequantity and situation, and declare that he has attached all theright, title and interest of the defendant in the same or so muchthereof as shall be sufficient to satisfy the debt and interest,or damages and costs; and shall also file in the recorder'soffice of the county where the real estate is situated anabstract of the attachment, showing the names of the parties tothe suit, and the amount of the debt, the date of the levy, and adescription of the real estate levied on by the same, which shallbe duly recorded in the land records and the recording paid forby the officer, and charged and collected as other costs; and theofficer shall moreover give notice to the actual tenants, if any,at least ten days before the return day of the writ, and statethe fact of such notice and the names of the tenants in hisreturn;

(4) When goods and chattels, money or evidences of debt areto be attached, the officer shall take the same and keep them inhis custody, if accessible; and if not accessible, he shalldeclare to the person in possession thereof that he attaches thesame in his hands, and summons such person as garnishee;

(5) When the credits of the defendant are to be attached,the officer shall declare to the debtor of the defendant that heattaches in his hands all debts due from him to the defendant, orso much thereof as shall be sufficient to satisfy the debt andinterest, or damages and costs, and summon such debtor asgarnishee.