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Supreme Court Rules
Section/Rule:
90.14
Subject:
Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration
Publication / Adopted Date:
May 15, 1998
Topic:
Garnishment of Wages in Aid of Attachment
Revised / Effective Date:
January 1, 1999
90.14. Garnishment of Wages in Aid of Attachment
(
a
)
Personal Service on Defendant Required-Exception.
No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant unless the suit is brought:
(1) in the county where the defendant resides; or
(2) in the county where the debt is contracted and the cause of action arose or accrued; or
(3) in cities with over one hundred thousand inhabitants, in the city where the defendant resides or the debt is contracted and the cause of action arose or accrued.
(
b
)
Contents of Petition and Writ.
The petition or statement filed in the cause and the writ of attachment shall state the place where the defendant resides and the place where the debt is contracted and the cause of action arose or accrued.
(
c
)
Wages Earned Out of State - When Exempt
. Wages earned out of this state and payable out of this state are exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process.
(Adopted May 15, 1998, eff. Jan. 1, 1999.)
