Section 1.6 Statutory Examination of the Judgment Debtor

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

A. (§1.6) Statutory Examination of the Judgment Debtor

When execution is returned by the sheriff unsatisfied, § 513.380, RSMo 2000, permits a debtor's examination to be conducted during the period not exceeding five years after the return. Rule 76.27 deals with the same subject but contains no time limitation.

Ordinarily, it should be a simple matter to convince the sheriff to make a return unsatisfied if the plaintiff's attorney does not know of goods or property upon which levy may be made. A form of execution as set forth in § 513.025, RSMo 2000, is issued by the clerk of the court. This execution is directed to the sheriff. Rule 76.04 provides that an execution shall be returned at a date designated by the plaintiff, "which shall not be less than thirty days nor more than ninety days after it is issued." Section 513.030, RSMo 2000, provides that the execution is to be made returnable at the next succeeding term, unless the plaintiff otherwise directs, in which case the clerk shall make it returnable to the second succeeding term. If during this period of time the plaintiff's attorney is unable to locate any goods or accounts upon which levy may be made or garnishment issued, the sheriff will ordinarily order a return of nulla bona. A motion should be filed with the court that rendered the judgment requesting an order requiring the defendant to "appear...