Rule 85.14. Dissolution of Attachment

85.14. Dissolution of Attachment

(

a

)

Motion.

Attachments may be dissolved on motion made by the owner of the property at any time before final judgment.

(

b

)

Burden of Proof.

The claimant shall have the burden of proving that the attachment was properly granted.

(

c

)

When Attachment Dissolved.

An attachment shall be dissolved at any time before final judgment when the court finds:

(1) The bond provided for in Rule 85.08 is inadequate and the claimant fails to file a sufficient bond, approved by the court, within such time as the court directs;

(2) The affidavit is insufficient and the claimant fails to file a sufficient affidavit, approved by the court, within such time as the court directs;

(3) The owner of the property has entered his appearance in the action and bond provided for in Rule 85.09 has been filed and approved; or (4) For any other reason the writ of attachment should not have been issued. Committee Note - 1981 This is new. Compare: Prior Rules 85.39, 85.40 and 85.46.