Close
Clerk
Handbooks
Supreme Court Rules
Section/Rule:
90.02
Subject:
Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration
Publication / Adopted Date:
May 15, 1998
Topic:
Request for Issuance of Writ of Garnishment
Revised / Effective Date:
July 1, 2016
90.02. Request for Issuance of Writ of Garnishment
The clerk of the court that entered the judgment shall issue a writ of garnishment if the garnishor files a written request stating:
(
a
) That a judgment has been entered against the debtor and remains unsatisfied;
(
b
) The judgment balance, as defined in
section 408.040, RSMo
, and the amount remaining unpaid;
(
c
) That the garnishor knows or has good reason to believe that the garnishee is indebted to debtor, that the garnishee is obligated to make periodic payments to debtor, or that the garnishee has control or custody of property belonging to debtor;
(
d
) The requested return date of the writ, which shall be either 30, 60, 90, 120, 150, or 180 days after the filing of the request for the writ or, alternatively, that a continuous wage garnishment is requested; and
(
e
) Whether payments made by the garnishee shall be made to the court or to the attorney for the garnishor.
Upon receipt of the garnishment application, the clerk shall process the application, issue the writ, and return the garnishment to the requesting party, who shall serve the garnishment on the garnishee as provided by
Rule 90.03
.
(Adopted May 15, 1998, eff. Jan. 1, 1999. Amended June 21, 2005, eff. Jan. 1, 2006; Jun. 25, 2015, eff. Jan. 1, 2016; Dec. 23, 2015, eff. July 1, 2016.)
