Section 2.21 What Constitutes a Levy of Real Property

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

1. (§2.21) What Constitutes a Levy of Real Property

Rule 76.06 provides that the sheriff endorsing the description of the real property on the execution must make a levy on real estate. Previously, levy on real estate could be made by any act of the sheriff showing the sheriff's intent to seize specific land and to subject it to a satisfaction of the judgment. The law was silent as to the manner in which the levy should be evidenced or the necessity of notice to the judgment debtor as a requisite of a valid levy when execution was issued in the county in which the judgment debtor resides. See §2.23, infra. Under...