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Supersedeas, Appeal Bonds, Stay of Execution

If someone obtains a favorable verdict and/or a judgment for money against you, and you decide to appeal, is there anything stopping the other side from trying to collect the money judment while the appeal is pending? In Missouri, you may be surprised to know that simply filing an appeal does not legally stop the […]

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Attachment, Missouri Judgment Collection

Under Missouri procedural rules, an “attachment” is a prejudgment remedy by which property can be taken into custody to satisfy an anticipated judgment. It does not create a right to a judgment or debt. Instead, it provides a means of enforcing a judgment. In essence, an attachment is designed to allow a plaintiff take control of […]

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Fraudulent Transfers

You either have a judgment or clear evidence that someone owes you money as a creditor. What’s to prevent the debtor from transferring around assets and hiding funds from your debt/judgment? Under the Missouri Uniform Fraudulent Transfer Act (“MUFTA”), transfers of assets may in certain circumstances be set aside to satisfy a judgment.  “To set […]

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Equitable Liens

Collecting a money judgment is often very difficult, particularly if the judgment debtor is hiding assets, has little/few  assets or is not covered by insurance. In fact, many attorneys are unwilling to handle cases when the prospect of a difficult to collect judgment becomes apparent.  There are some legal theories and avenues which aid in […]

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Nunc Pro Tunc — Correcting Judgments/Orders

A Missouri Court’s Judgment becomes final thirty (30) days after it is entered. During this thirty (30) days period, the Judgement may be, among other things, modified or vacated upon motion by the parties. After this 30 day period when a judgment becomes final, a court’s power to amend the judgment is limited. Pirtle v. Cook, […]

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Post-Judgment Interest

Prejudgment interest is more complicated than post-judgment interest. Under the post-judgment interest statute, the statutory interest rate — 9% — begins tolling when there is money due under a judgment or order. Specifically, section 408.040, RSMo, states that: “interest shall be allowed on all money due upon any judgment or order of any court from […]

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Real Estate Liens: Circuit Court, Associate Circuit Court, Small Claims

Collecting is often times the entire battle. Even if you obtain a monetary judgment in your favor in Missouri, it can still be an incredibly lengthy process to collect any money. Liens on real estate are often the best way to execute on a judgment. To be clear, a judgment is simply a formal order […]

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