Supreme Court Rules - Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration: Exemptions

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Supreme Court Rules

		Section/Rule:	90.035
Subject:	Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration	Publication / Adopted Date:	December 23, 2015
Topic:	Exemptions	Revised / Effective Date:	July 1, 2016

90.035 Exemptions

(

) Every writ of garnishment shall have clearly and legibly printed thereon a notice to the person against whom the garnishment has issued that:

(1) A garnishment has been levied;

(2) Certain funds may be exempt under

sections 513.430

and

513.440, RSMo

, or under

Title 31 C.F.R. Part 212

; and

(3) The person has the right to hold the funds as exempt from garnishment.

The notice shall also generally state that there are certain exemptions under state and federal law that the judgment debtor may be able to claim with respect to the funds levied upon and describe the procedure for claiming the funds as exempt.

(

) The judgment debtor may claim any exemption by filing a verified claim of exemption with the court and serving a copy of it on the garnishor within 20 days after being served with the notice of garnishment. The party requesting the garnishment may object to any claim for exemption within 20 days of the filing of the verified request by filing a request for court review. If a request for court review is not timely filed, the garnishee shall release from garnishment the funds claimed as exempt by the judgment debtor or, if any such exempt funds shall have been previously paid to the court or the garnishor, such exempt funds shall be returned to the judgment debtor not later than ten days after the last day on which the garnishor could have timely filed a request for court review.

(

) Upon filing of an objection to a claim of exemption, the clerk shall promptly present said objection before the court in chambers. The court may rule upon the objection to claim of exemption upon the pleadings or may order a hearing. Any hearing required by the court shall be expedited, shall be held not later than 30 days after the filing of the request for court review, and shall be held upon not less than five days notice of the hearing to all parties in interest

(Adopted Dec. 23, 2015, eff. Jul. 1, 2016.)