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RSMo 473.618effective 01 Jul 1997

Notice to judgment creditors of distribution

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In plain English

If someone is owed money by a person who is getting an inheritance (called a distributee), that creditor can file a form with the court asking to be told before any money is handed out. Once that form is filed and the person in charge of the estate (the personal representative) gets a copy, they have to wait at least 20 days after mailing a certified or registered letter to that creditor before giving out any money to the debtor. If the person in charge hands out money too early, they can still be held responsible if a court order to grab that money arrives before the scheduled payout date.

Word-for-word law

473.618. Notice to s of — contents of request. — 1. Any judgment creditor of a desiring notice of any partial or or both, may, at any time subsequent to the granting of or of , file with the of the having a request for such notice and shall cause a copy of the request to be upon the or upon such 's . The request shall specify the name and address of the judgment creditor, the name of the and the identity of the . A separate request shall be filed for each judgment creditor of a distributee desiring notice. After the serving and of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".

2. No partial or final distribution shall be made by a or to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope or , and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution be made, addressed to each person whose name and address is set forth in a request served and filed as provided in 1 of this section. Actual receipt by the of the envelope shall not be necessary to establish with the requirements of this section. The receipt issued by the United States Post Office for certified or to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute with the notice requirements of this section. Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not such representative as against a , or other with respect to such debtor-distributee which is served upon such representative or upon such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or such representative's attorney of record prior to the scheduled date of such distribution.

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Source & history notes

(L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869) Effective 7-01-97

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RSMo 473.618: Notice to judgment creditors of distribution | KnowMo Laws