18 chapters · 721 sections in this title.
§ 525.010 RSMo Who may be summoned as garnishees
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525.010. Who may be summoned as garnishees. — All persons shall be subject to garnishment, on attachment or execution, who are named as garnishees in the writ, or have in their possession goods, moneys or effects of the defendant not actually seized by the officer, and all debtor…
§ 525.020 RSMo Garnishees summoned, how
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525.020. Garnishees summoned, how. — When a fieri facias shall be issued and placed in the hands of an officer for collection, it shall be the duty of the officer, when directed by the plaintiff, his agent or attorney, to summon garnishees, and with like effect as in case of an o…
§ 525.030 RSMo Persons exempted from summons as garnishee, when — amount to be withheld
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525.030. Persons exempted from summons as garnishee, when — amount to be withheld from wages, how computed — earnings defined — penalty. — 1. No sheriff or other officer charged with the collection of money shall, prior to the return day of an execution or other process upon whic…
§ 525.040 RSMo Effect of notice of garnishment — priority based on date of service
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525.040. Effect of notice of garnishment — priority based on date of service. — 1. Notice of garnishment, served as provided in sections 525.010 to 525.480* shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or ot…
§ 525.050 RSMo Notice of garnishment, how served on corporations
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525.050. Notice of garnishment, how served on corporations. — Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer …
§ 525.060 RSMo Return of writ, how made
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525.060. Return of writ, how made. — The officer serving a writ of attachment shall return all bonds taken by him into court, with the writ, and a statement of the names of all garnishees, together with the day and hour and the places when and where they were respectively summone…
§ 525.070 RSMo Garnishee may discharge himself, how
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525.070. Garnishee may discharge himself, how. — Whenever any property, effects, money or debts, belonging or owing to the defendant, shall be confessed, or found by the court or jury, to be in the hands of the garnishee, the garnishee may, at any time before final judgment, disc…
§ 525.080 RSMo Garnishee to deliver property, or pay debts, or may give bond therefor
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525.080. Garnishee to deliver property, or pay debts, or may give bond therefor. — 1. If it appear that a garnishee, at or after his or her garnishment, was possessed of any property of the defendant, or was indebted to him or her, the court, or judge in vacation, may order the d…
§ 525.090 RSMo Claimants may interplead
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525.090. Claimants may interplead. — Any person claiming property, money, effects or credits attached in the hands of a garnishee, may interplead in the cause, as provided by law in attachment cases; but no judgment shall be rendered against the garnishee in whose hands the same …
§ 525.100 RSMo Adjudication of costs
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525.100. Adjudication of costs. — In all cases of interplea, costs may be adjudged for or against either party, as in ordinary actions. -------- (RSMo 1939 § 1569) Prior revisions: 1929 § 1405; 1919 § 1855; 1909 § 2422
§ 525.110 RSMo Execution same as on general judgment
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525.110. Execution same as on general judgment. — When judgment is rendered against any garnishee, the execution shall be such as is allowed by law on general judgment. -------- (RSMo 1939 § 1570) Prior revisions: 1929 § 1406; 1919 § 1856; 1909 § 2423
§ 525.120 RSMo Courts may prescribe rules
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525.120. Courts may prescribe rules. — The court having jurisdiction may prescribe, by rule, the time and manner of excepting to and denying the answer of garnishees, of interpleading, exhibiting or filing papers, or taking any needful step in garnishment cases where the same are…
§ 525.130 RSMo Plaintiff may exhibit interrogatories against garnishees — interrogatories,
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525.130. Plaintiff may exhibit interrogatories against garnishees — interrogatories, when filed. — The plaintiff may exhibit in the cause written interrogatories touching the property, effects and credits attached in the hands of any garnishee, and require such garnishee to make …
§ 525.140 RSMo Garnishee shall file answer — failing, judgment by default
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525.140. Garnishee shall file answer — failing, judgment by default. — Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unl…
§ 525.150 RSMo Garnishment for wages, issued against railroad, when
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525.150. Garnishment for wages, issued against railroad, when. — Except as herein provided, no garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars or less, and where the property sought to be reached is wages due the defendant by an…
§ 525.160 RSMo Railroad to answer garnishment for wages, when
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525.160. Railroad to answer garnishment for wages, when. — Except as herein provided, no railroad corporation shall be required to make answer to any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal…
§ 525.170 RSMo Judgment by default, how rendered final — extent and effect of against
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525.170. Judgment by default, how rendered final — extent and effect of against garnishee. — Such judgment by default may be proceeded on to final judgment, in like manner as in case of defendants in other civil actions; but no final judgment shall be rendered against the garnish…
§ 525.180 RSMo Answer of garnishee excepted to, adjudged insufficient — proceedings
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525.180. Answer of garnishee excepted to, adjudged insufficient — proceedings. — The plaintiff may except to the answer of the garnishee for insufficiency, and if the same shall be adjudged insufficient, the court may allow the garnishee to amend his answer in such time and on su…
§ 525.190 RSMo Denial of garnishee to answer, how — replication — issues tried, how
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525.190. Denial of garnishee to answer, how — replication — issues tried, how. — The plaintiff may deny the answer of the garnishee, in whole or in part, without oath. In all cases where the answer of the garnishee is denied, the denial shall contain, specially, the grounds upon …
§ 525.200 RSMo What proceedings had, if effects found in hands of garnishee — judgment
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525.200. What proceedings had, if effects found in hands of garnishee — judgment. — If, upon such trial, it shall appear that property, effects or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value …
§ 525.210 RSMo Answer taken as sufficient, when
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525.210. Answer taken as sufficient, when. — If the answer of the garnishee be not excepted to nor denied in proper time, it shall be taken to be true and sufficient. -------- (RSMo 1939 § 1580) Prior revisions: 1929 § 1416; 1919 § 1866; 1909 § 2433
§ 525.220 RSMo If answer admits effects or indebtedness, proceedings
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525.220. If answer admits effects or indebtedness, proceedings. — If, by the answer, not excepted to or denied, it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the same proceedings may be had to ascertain t…
§ 525.230 RSMo Garnishee is a financial institution, one-time deduction permitted, when —
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525.230. Garnishee is a financial institution, one-time deduction permitted, when — procedure. — The garnishee may deduct a one-time sum not to exceed twenty dollars, or the fee previously agreed upon between the garnishee and judgment debtor where and if the garnishee is a finan…
§ 525.233 RSMo Notice of garnishment and writ of sequestration to contain federal taxpayer
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525.233. Notice of garnishment and writ of sequestration to contain federal taxpayer identification number — failure to comply, effect. — The notice of garnishment and the writ of sequestration shall contain only the last four digits of the federal taxpayer identification number,…
§ 525.240 RSMo Costs adjudged against plaintiff, when — allowance to garnishee
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525.240. Costs adjudged against plaintiff, when — allowance to garnishee. — If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged aga…
§ 525.250 RSMo Adjudication of costs in other cases
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525.250. Adjudication of costs in other cases. — In all cases between the plaintiff and garnishee, a court of competent jurisdiction may order the parties to pay or recover costs, as in ordinary cases between plaintiff and defendant. -------- (RSMo 1939 § 1584, A.L. 2000 S.B. 8…
§ 525.260 RSMo Debts not due may be attached
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525.260. Debts not due may be attached. — Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for debts until they shall become due. -------- (RSMo 1939 § 1585) Prior revisions: 1929 § 1421; 1919 § 1871; 1909 § 2438
§ 525.270 RSMo Claimants of debts assigned, or property sold, may be made parties, how —
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525.270. Claimants of debts assigned, or property sold, may be made parties, how — notice, how given — trial. — 1. If the garnishee disclose in his answer, and declare his belief, that the debt owing by him to the defendant, or the supposed property of the defendant in his hands,…
§ 525.280 RSMo Garnishee owing note to defendant, latter may be required to produce same
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525.280. Garnishee owing note to defendant, latter may be required to produce same in court — proceedings. — If it shall be made to appear that any garnishee had, before his garnishment, executed to any defendant a negotiable promissory note, which, at the time of the garnishment…
§ 525.290 RSMo Garnishment of wages — personal service upon defendant required — exception
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525.290. Garnishment of wages — personal service upon defendant required — exception — petition and summons to show cause of action. — No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant, unless the suit be brought in the…
§ 525.300 RSMo Wages earned out of state exempt — exception
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525.300. Wages earned out of state exempt — exception. — Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the att…
§ 525.310 RSMo Compensation of state and municipal employees subject to garnishment,
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525.310. Compensation of state and municipal employees subject to garnishment, procedure. — 1. The state, municipal, or other political subdivision employer served with a garnishment shall have the same duties and obligations as those imposed upon a private employer when served w…