§ 85.14 Dissolution of Attachment

Codes > Missouri Supreme Court Rules > Rules of > Part III : Rule 85 > 85.14

85.14. Dissolution of Attachment

    (a) Motion. Attachments may be dissolved on motion made by the owner of the property at any time before final judgment.

    (b) Burden of Proof. The claimant shall have the burden of proving that the attachment was properly granted.

    (c) When Attachment Dissolved. An attachment shall be dissolved at any time before final judgment when the court finds:

        (1) The bond provided for in Rule 85.08 is inadequate and the claimant fails to file a sufficient bond, approved by the court, within such time as the court directs;

        (2) The affidavit is insufficient and the claimant fails to file a sufficient affidavit, approved by the court, within such time as the court directs;

        (3) The owner of the property has entered his appearance in the action and bond provided for in Rule 85.09 has been filed and approved; or

        (4) For any other reason the writ of attachment should not have been issued.