Section 1 Nature of the Remedy

• Library: Remedies 2006

Attachment is an extraordinary remedy created by statute allowing a party to collect property to satisfy a judgment before obtaining that judgment. It is an “anticipatory method to impound the assets of a defendant to facilitate the collection of a judgment.” State ex rel. Mather v. Carnes, 551 S.W.2d 272, 281 (Mo. App. W.D. 1977). It is often filed as the first count of a petition seeking judgment on the underlying legal claim—e.g. promissory note, contract, account, etc.

Attachment did not exist at common law and is not a remedy created by the Missouri Constitution. State ex rel. Froidl v. Tillman, 662 S.W.2d 907, 910 (Mo. App, E.D. 1983). It is governed by Chapter 521, RSMo, and Rule 85, which set forth the grounds and procedures necessary to obtain an attachment. The...