Section 2.14 Time, Place, and Manner of Sale

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

1. (§2.14) Time, Place, and Manner of Sale

The officer the execution is directed to sets the time and place of the sale. Section 513.190, RSMo 2000, provides that, if there is sufficient time, the day of the sale should be set at least 15 days before the return date of the execution. While formerly some question could have arisen concerning an execution sale after the date of return of the execution, Rule 76.04 now specifically provides that, when an execution is levied on property and a sale is not made before the return date of the execution, the execution and any lien created by the execution remain in force and effect for 180 days after the issuance of the execution or until the property is sold. It should be pointed out that counsel may have to prepare the notice of sale and be present to advise the sheriff at the time of sale. The officer is...