State Codes and Statutes

Statutes > Missouri > T13 > C217 > 217_837

Legal remedies authorized to protect assets of prisoner--executionagainst homestead of prisoner prohibited--state's claim to havepriority.

217.837. 1. Except as provided in subsection 3 of thissection, the attorney general may use any remedy, interim order,or enforcement procedure allowed by law or court rule includingan ex parte restraining order to restrain the prisoner or anyother person or legal entity in possession or having custody ofthe estate of the prisoner from disposing of certain property inavoidance of an order issued pursuant to the provisions ofsection 217.835.

2. To protect and maintain assets pending resolution ofproceedings initiated pursuant to the provisions of section217.835, the court, upon request, may appoint a receiver.

3. The attorney general or a prosecuting attorney shall notenforce any judgment obtained pursuant to the provisions ofsection 217.835 by means of execution against the homestead ofthe prisoner.

4. The state's right to recover the cost of incarcerationpursuant to an order issued pursuant to the provisions of section217.835 shall have priority over all other liens, debts, or otherincumbrances against real property or any other assets which arepart of a prisoner's estate.

(L. 1988 H.B. 1340 & 1348 § 7)

State Codes and Statutes

Statutes > Missouri > T13 > C217 > 217_837

Legal remedies authorized to protect assets of prisoner--executionagainst homestead of prisoner prohibited--state's claim to havepriority.

217.837. 1. Except as provided in subsection 3 of thissection, the attorney general may use any remedy, interim order,or enforcement procedure allowed by law or court rule includingan ex parte restraining order to restrain the prisoner or anyother person or legal entity in possession or having custody ofthe estate of the prisoner from disposing of certain property inavoidance of an order issued pursuant to the provisions ofsection 217.835.

2. To protect and maintain assets pending resolution ofproceedings initiated pursuant to the provisions of section217.835, the court, upon request, may appoint a receiver.

3. The attorney general or a prosecuting attorney shall notenforce any judgment obtained pursuant to the provisions ofsection 217.835 by means of execution against the homestead ofthe prisoner.

4. The state's right to recover the cost of incarcerationpursuant to an order issued pursuant to the provisions of section217.835 shall have priority over all other liens, debts, or otherincumbrances against real property or any other assets which arepart of a prisoner's estate.

(L. 1988 H.B. 1340 & 1348 § 7)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T13 > C217 > 217_837

Legal remedies authorized to protect assets of prisoner--executionagainst homestead of prisoner prohibited--state's claim to havepriority.

217.837. 1. Except as provided in subsection 3 of thissection, the attorney general may use any remedy, interim order,or enforcement procedure allowed by law or court rule includingan ex parte restraining order to restrain the prisoner or anyother person or legal entity in possession or having custody ofthe estate of the prisoner from disposing of certain property inavoidance of an order issued pursuant to the provisions ofsection 217.835.

2. To protect and maintain assets pending resolution ofproceedings initiated pursuant to the provisions of section217.835, the court, upon request, may appoint a receiver.

3. The attorney general or a prosecuting attorney shall notenforce any judgment obtained pursuant to the provisions ofsection 217.835 by means of execution against the homestead ofthe prisoner.

4. The state's right to recover the cost of incarcerationpursuant to an order issued pursuant to the provisions of section217.835 shall have priority over all other liens, debts, or otherincumbrances against real property or any other assets which arepart of a prisoner's estate.

(L. 1988 H.B. 1340 & 1348 § 7)