Supreme Court Rules - Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration: Request for Immediate Delivery of Property to Sheriff

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	90.05
Subject:	Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration	Publication / Adopted Date:	May 15, 1998
Topic:	Request for Immediate Delivery of Property to Sheriff - Order of Delivery	Revised / Effective Date:	January 1, 1999

90.05. Request for Immediate Delivery of Property to Sheriff - Order of Delivery

(a) When the garnishor requests an order requiring immediate delivery to the sheriff of property subject to garnishment, the garnishor shall file an affidavit stating:

(1) the description of the property;

(2) facts showing the reason that immediate delivery to the sheriff should be made; and

(3) the garnishor is in danger of losing the property unless immediate delivery to the sheriff is made.

(b) If the court finds that the facts stated in the affidavit show that the property subject to garnishment should be delivered to the sheriff, the court shall make an order that the garnishee so deliver the property.

(Adopted May 15, 1998, eff. Jan. 1, 1999.)