Section 2.7 How Made

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

1. (§2.7) How Made

To levy on personal property, the sheriff must actually seize the property and take it into possession. Generally, the sheriff must effectively remove the property levied on from the possession of the judgment debtor or persons having possession of it at the time of levy. The sheriff must take that degree of manual possession of the property that the nature of the property permits. First Nat. Bank of St. Joseph v. Polk, 263 S.W. 504 (Mo. App. W.D. 1924).

When the property cannot be removed from the premises and must be left at the location where the sheriff finds it, the sheriff must do some act or acts as nearly equivalent to actual seizure as possible so that the judgment debtor and third persons will know that the property has been seized by the sheriff under authority of the execution. See State ex rel. Mather v. Carnes, 551 S.W.2d 272 (Mo. App. W.D. 1977). These acts may consist of:

· posting notices on the property levied on;

· posting notices on the entrances to the premises;

· locking the premises; or

· posting a guard until the sale can be held.

Care should be taken not to lock the premises if they are in possession of anyone other than the judgment debtor.

Mather, 551 S.W.2d 272, involved the constructive seizure of an airplane by the sheriff. The sheriff was unable to physically remove the airplane to take actual possession. Instead, the sheriff disabled the plane by removing parts from the airplane so it could not be flown. The court held that...