Section 4.24 Third-Party Claims

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

H. (§4.24) Third-Party Claims

It will often happen that a dispute develops between an attaching creditor and other parties such as secured creditors, other attaching parties, and other creditors. Sometimes these disputes are more hotly contested than the main action because the attached properties are the only assets of the defendant available for distribution to creditors. Under Rule 85.20, any person claiming an interest in the property may intervene in the attachment proceedings. The intervenor has the burden of proof as to the claim of right or title, Rathbone v. Rathbun, 35 S.W.2d 38 (Mo. App. S.D. 1931), and the claim must stand or fall on the...