Missouri Laws 534.370 – Form of execution against defendant
Terms Used In Missouri Laws 534.370
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Verdict: The decision of a petit jury or a judge.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Executions against defendants shall contain a clause of restitution, and, in other respects, conform to the judgment, and may be in the following form:
The state of Missouri, to the sheriff of the county of ______, greeting: Whereas, G H, on the ______ day of ______, 20______, obtained judgment before the undersigned judge for the county of ______, against E F, that the said G H have restitution of (here insert a description of the premises, as in the complaint, if the verdict be for the whole, or as in the verdict, if it be for a part), and that he recover of the said E F the sum of ______ dollars for his damages, and also at the rate of ______ dollars per month for rents and profits, from the ______ day of ______, 20______, until restitution be made, together with costs: You are, therefore, commanded to take with you the power of the county, if necessary, and to cause the said E F to be forthwith removed from the said premises, and the said G H to have peaceable possession thereof; and that of the goods and chattels of the said E F you cause to be levied the damages, rents and profits aforesaid, with the sum of ______ dollars for costs and ______ for this writ and your fees hereon, and that you return this writ, with your doings thereon, to the undersigned within twenty days from the date hereof. Given under my hand this ______ day of ______, 20______
A B, Judge.