Levy Procedures; Lien of Attachment; Management and Disposition of Attached PropertyLien of Attachment
Section § 488.500
This law outlines what happens when a creditor uses a writ of attachment to claim a debtor's property as collateral for a debt. First, it says that the property becomes officially 'attached' as soon as the creditor seizes it. Even if the property is sold or used as collateral for something else, the attachment remains, similar to how an execution lien would work. For certain items like equipment or farm products, the lien acts like a judgment lien. But if a vehicle or mobile home is sold to someone who legitimately buys it and gets the title papers, that new owner has rights above the lien unless the law enforcement officer takes possession of those title papers. If they do, the lien is considered more powerful. Lastly, if there's already a temporary order affecting the property, the priority of this attachment lien goes back to when that earlier order was made, without disrupting the rights of others affected during that period.
Section § 488.510
This section explains how long an attachment of property lasts and how it can be extended. Normally, an attachment ends three years after it starts, unless it's released sooner. However, if a plaintiff requests an extension before the three years are up, the court can allow it to last up to one additional year if there’s a good reason. Such extensions can happen multiple times, but attachments can't last more than eight years total. It's important to notify relevant parties about any extension. Finally, even if the person whose property is attached dies, the attachment remains in place.