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Clerk Handbooks
Supreme Court Rules



Section/Rule:
90.03

Subject:
Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration
Publication / Adopted Date:
May 15, 1998

Topic:
Service on Garnishee - Return of Service - Return Date - Notice to Judgment Debtor - Service of Subsequent Pleadings and Papers
Revised / Effective Date:
July 1, 2016

90.03. SERVICE ON GARNISHEE - RETURN OF SERVICE - RETURN DATE - NOTICE TO JUDGMENT DEBTOR - SERVICE OF SUBSEQUENT PLEADINGS AND PAPERS

(a) The garnishee shall be served with summons and the writ of garnishment by the sheriff. If the sheriff fails to obtain service upon a request to do so, the garnishor may request the court to appoint a special process server. The special process server shall have the same duties as the sheriff with respect to service of garnishments. In addition, service may be made upon an employee of the garnishee designated to receive service or upon the paying, disbursing, or auditing officer of the garnishee. Return of service shall be made as provided in Rule 54.20. The return date of the writ of garnishment, if applicable, shall be set forth in the summons.

(b) Within five days of notice of service upon the garnishee, the garnishor shall serve a copy of the summons and writ on the judgment debtor by delivering it to the judgment debtor as provided in Rule 43.01(c) or by mailing the documents to the debtor’s last known address. Service by mail shall be complete upon mailing. At the time of mailing, a certificate of service shall be filed with the court. The certificate shall show the caption of the case, the name of the party served, the date and manner of service, the designation of the documents, and the signature of the serving party or attorney.

(c) Within five days of service of the summons and writ upon the garnishee, the garnishee shall hand deliver or mail a copy of the summons and writ on the judgment debtor at debtor’s last known address according to the garnishee’s records.

(d) All pleadings and papers subsequent to service of the summons and writ of garnishment shall be served as provided in Rule 43.01.

(Adopted May 15, 1998, eff. Jan. 1, 1999. Amended June 20, 2013 eff. Jan. 1, 2014; Dec. 23, 2015, eff. Jul. 1, 2016.)