Section 11 Insufficient BondRule 85.11
| Library | Remedies 2006 |
If the court determines that a bond is insufficient for any reason, the writ of attachment is improper, but the action for a writ of attachment is not improper and can be cured by a new and sufficient bond. See State ex rel. Union Electric Co. v. Barnes, 893 S.W.2d 804 (Mo. banc 1995), and the discussion in §5.7 above. In Barnes, the Supreme Court spoke clearly on the process and jurisdiction of courts when bonds are challenged as insufficient. Even if the circuit court had relied on Rule 85.08(a) rather than § 521.070, RSMo 2000, in determining that...
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