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Supreme Court Rules
Section/Rule:
90.06
Subject:
Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration
Publication / Adopted Date:
May 15, 1998
Topic:
Delivery Bond of Garnishee - Form of - Effect of Filing - Insufficient Bond - Hearing
Revised / Effective Date:
January 1, 1999
90.06. Delivery Bond of Garnishee - Form of - Effect of Filing - Insufficient Bond - Hearing
If the court enters an order requiring immediate delivery of property as provided in
Rule 90.05
:
(
a
) The garnishee may file, either before or after delivery of the property to the sheriff, a sufficient delivery bond to the garnishor, approved by the court and executed by the garnishee as principal and one or more sufficient sureties, to the effect that the property shall be forthcoming as the court may direct.
(
b
) If the court finds that a delivery bond is not sufficient, it may order the garnishee to furnish a new bond or to immediately deliver the property to the sheriff. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property subject to garnishment be delivered to the sheriff.
(
c
) As an alternative to filing a delivery bond, the garnishee may file a written request for a hearing to determine whether the property should be immediately delivered to the sheriff. The hearing shall be held within ten days after the filing of the request.
(Adopted May 15, 1998, eff. Jan. 1, 1999.)
