Missouri Procedural Requirements for Wage Garnishment

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Missouri Procedural Requirements

The party in whose favor any judgment or decree is rendered, may have an execution in conformity therewith. Mo. Ann. Statute. _ 513.015. 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 to summon garnishees. Mo. Ann. Statute. _ 525.020. Mo. R. Civil. P. 90.03.

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 for collection in the corporation's county of primary business. If such designated person is not available or if such designation is not filed, then such notice may be served upon the president, secretary, treasurer, cashier or other chief or managing officer. Mo. Ann. Statute. _ 525.050.

Notice of garnishment shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other chooses in action of the defendant in the garnishee's possession or charge, or under his control at the time of the service of the garnishment, or which may come into his possession or charge, or under his control or be owing by him, between that time and the time of filing his answer. Mo. Ann. Statute. _ 525.040. Mo. R. Civil. P. 90.06.

Prior to the issuance of the summons of garnishment, the garnisher shall file written interrogatories asking the garnishee to Statutee the property subject to garnishment in the possession, charge or control of the garnishee. The interrogatories shall be served simultaneously with the summons of garnishment. Mo. R. Civil. P. 90.13.

If by answer, not excepted or denied, it appears that the garnishee has property subject to garnishment, the court shall allow the garnishee a reasonable amount for the trouble and expense of answering, including attorney's fees, to be paid out of the funds or proceeds of the property subject to garnishment. If a garnisher does not recover judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnisher. Mo. R. Civil. P. 90.18. Mo. Ann. Statute. __ 525.230, 240. [1]

Note: The notice of garnishment shall contain the social security number, when available, of the judgment debtor. Mo. Ann. Statute. _ 525.233.

Interest Rate at which Judgments Accrue

Interest shall be allowed on all money due upon any judgment or order of any court from the day of rendering the same until satisfaction be made by payment, accord or sale of property; all such judgments and orders for money upon contracts bearing more than nine percent interest shall bear the same interest borne by such contracts, and all other judgments and orders shall bear nine percent per annum. In tort actions, if a claimant has made a demand for payment of a claim or an offer of settlement of a claim, to the parties and the amount of the judgment or order exceeds the demand or offer, prejudgment interest shall be calculated from a date sixty days after the demand or offer or from the date the demand or offer was rejected without counter offer, whichever is earlier. Mo. Ann. Statute. _ 408.040.

Applicable Forms Interrogatories to Garnishee, Mo. R. Civil. P., Form 13. 1 The court shall make the garnishee a reasonable allowance for his trouble and expenses in answering the interrogatories, to be paid out of the funds or proceeds of the property or effects confessed in his hands. The court also show allow the garnishee in addition to the reasonable allowance, to claim a fee consisting of the greater of eight dollars or two percent of the amount required to be deducted by any court ordered garnishment for the trouble and expenses in administering the notice of garnishment. Mo. Ann. Statute. _ 525.230.