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Supreme Court Rules
Section/Rule:
90.01
Subject:
Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration
Publication / Adopted Date:
May 15, 1998
Topic:
Definitions
Revised / Effective Date:
July 1, 2016
90.01. Definitions
In this Rule
90
:
(
a
) A "
garnishor
" is a judgment creditor;
(
b
) A "
debtor
" is a judgment debtor;
(
c
) A "
garnishee
" is the person summoned as garnishee in the writ of garnishment or levy;
(
d
) "
Property subject to garnishment
" is all goods, personal property, money, credits, bonds, bills, notes, checks, choses in action, or other effects of debtor and all debts owed to debtor. "Property subject to garnishment" does not include funds of the debtor on deposit with a bank or other financial institution in an account in which all funds are:
(1) Deposited electronically on a recurring basis, and
(2) Resonably indentified as funds exempt from garnishment pursuant to
section 513.430.1(10)(a), (b), or (c), RSMo, or
subject to the exemptions under Title 31 C.F.R. Part 212;
(
e
) "Continuous wage garnishment" is the garnishment of earnings, as defined in
section 525.030, RSMo
,
that does not have a return date and instead remains in effect until the judgment is paid in full or until the employment relationship is terminated, whichever occurs first.
(Adopted May 15, 1998, eff. Jan. 1, 1999. Amended December 22, 2009, eff. July 1, 2010; Jun. 25, 2015, eff. Jan. 1, 2016; Dec. 23, 2015, eff. July 1, 2016.)
