Section 1.13 Personal Property—Levy as a Lien

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

E. (§1.13) Personal Property—Levy as a Lien

No execution or judgment is a lien on personal property, as distinguished from real estate, before the levy on the property. Section 513.085, RSMo 2000; Rule 76.07.

As noted in §1.9 above, this is also true as to real property to which the lien of the judgment does not extend, such as real estate in a county in which no transcript of the judgment has been filed. In Hawkins v. Alcorn, 698 S.W.2d 37 (Mo. App. E.D. 1985), the court reiterated the general rule that a judgment against a person results in a lien only against that person's real estate. But the court went on to hold that this lien does not include proceeds from the sale of the real estate, specifically examining § 511.350, now RSMo Supp. 2008 (a judgment results in a...