Section 2.2 Right to Execution
Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
A. (§2.2) Right to Execution
Every person in whose favor a judgment is rendered has a statutory right to the issuance of an execution conforming to the judgment. The execution is the writ or process for enforcement of the court's judgment. Its form is statutory, § 513.025, RSMo 2000, with modification under Rule 76.01. The rendition of a judgment is the judicial act that execution rests on. Only the holder of a judgment or the holder's authorized agent has any right to procure the issuance of an execution for purposes of collecting a judgment. Carver v. Carver, 673 S.W.2d 92 (Mo. App. E.D. 1984) (citing § 513.015, now RSMo 2000).
Execution can issue only on liability that is finally established, and it must correspond with the judgment it is founded on. A money judgment must specify with certainty the amount for which it is rendered or, if an amount is not stated in the judgment, it must be ascertainable from the record to be enforceable by execution. Gardner v. Gardner, 830 S.W.2d 559 (Mo. App. W.D. 1992). A child support obligation requiring payment of "all tuition for the minor children until graduation of high school" was so vague and indefinite as to be unenforceable by way of execution. Stelzer v. Stelzer, 871 S.W.2d 468, 469 (Mo. App. E.D. 1994).
Unless validly stayed, the right to execution accrues immediately upon rendition of judgment. It is not a prerequisite to execution that an express order of court be made for an execution to issue. Fielder v. Fielder, 671 S.W.2d 408 (Mo. App. E.D. 1984); Griggs v. Miller, 374 S.W.2d 119 (Mo. 1963); State v. Haney, 277 S.W.2d 632 (Mo. 1955). A final judgment for purposes of appeal is not necessary, and execution may issue even during the period in which the trial court retains control over the judgment under Rule 75.01 and before expiration of the time to file or rule on a motion for a new trial. In re Craig, 32 S.W. 1121 (Mo. banc 1895). While there is a distinction between a final judgment for purposes of appeal and for execution—which allows execution to issue before a judgment is final for appeal—the distinction presumes a final judgment that disposes of all claims between the parties. An execution issues only on a final judgment, not on an adjudication that is merely interlocutory and leaves further claims or parties unresolved. State ex rel. Turner v. Sloan, 595 S.W.2d 778, 780 (Mo. App. W.D. 1980).
Local rules often provide that no execution may issue during the pendency of a motion for a new trial...
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- Section 2.1 Introduction
- Section 2.2 Right to Execution
- Section 2.3 Issuance and Direction
- Section 2.4 Form of Request for Issuance of Execution
- Section 2.5 Setting Aside or Quashing Execution
- Section 2.6 Effect of Modification, Vacation, or Reversal of Judgment
- Section 2.7 How Made
- Section 2.8 Personal Property Exempt From Execution
- Section 2.9 Persons Entitled to Exemption Rights
- Section 2.10 Protection and Enforcement of Exemption Rights
- Section 2.11 Form of Notice of Exemptions
- Section 2.12 Claim of Exemption as Head of a Family
- Section 2.13 Delivery Bond
- Section 2.14 Time, Place, and Manner of Sale
- Section 2.15 Form of Notice of Sheriff's Sale
- Section 2.16 Procedure to Assert
- Section 2.17 Form of Notice of Third-Party Claim
- Section 2.18 Generally
- Section 2.19 Priority Between Judgment Creditors
- Section 2.20 Federal Tax Liens
- Section 2.21 What Constitutes a Levy of Real Property
- Section 2.22 Form of Notice of Levy
- Section 2.23 Notice of Issuance of Execution
- Section 2.24 Real Property Exempt From Execution
- Section 2.25 Persons Entitled to Exemption Rights
- Section 2.26 Protection and Enforcement of Exemption Rights
- Section 2.27 Setting Off the Exempt Homestead and Sale of the Surplus
- Section 2.28 Fraudulently Conveyed Property
- Section 2.29 Sale
- Section 2.30 Generally
- Section 2.31 Priority Between Holders of Deeds of Trust
- Section 2.32 Priority Between Judgment Creditors
- Section 2.33 Federal Tax Liens
- Section 2.34 Execution for Possession of Real Property—Writs of Restitution and Possession
- Section 2.35 Judgment Debtor Examination
- Section 2.36 Use Immunity
- Section 2.37 Discovery in Aid of Execution
- Section 2.38 Application of Missouri Law to Discovery Process in Federal Courts Located in Missouri (New Section)
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