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Supreme Court Rules



Section/Rule:
90.12

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

Topic:
Cost and Allowances
Revised / Effective Date:
July 1, 2016

90.12. Costs and Allowances

(a) Allowance to Garnishee if Interrogatory Answers are Not Excepted to or Denied. If by interrogatory answers not excepted to or denied it appears that the garnishee has property subject to garnishment, the garnishee may deduct a one-time sum not to exceed $20, or the fee previously agreed upon between the garnishee and the judgment debtor if the garnishee is a financial institution, for the trouble and expense of answering and withholding the funds to be paid out of the property subject to garnishment. The fee shall not be a credit against the court-ordered judgment and shall be collected first. The garnishee may file a motion for additional cost, including attorney fees reasonably incurred in answering the interrogatories, in which case the court may make such award as it deems reasonable. The motion shall be filed on or before the date the garnishee makes payment or delivers the property subject to garnishment into court.

(b) Allowance to Garnishee if Garnishor Does Not Recover Judgment Against Garnishee. If the garnishor files exceptions to the garnishee's interrogatory answers but does not obtain a judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnishor. The court in such a case shall render judgment in favor of the garnishee and against the garnishor for an amount sufficient to reimburse the garnishee for time and expenses, including attorney fees reasonably incurred. The fact that the garnishee affirmatively asserted in good faith an exemption belonging to the judgement debtor shall not deprive the garnishee of the right to costs and attorney fees as otherwise provided herein.

(c) Allowance to Garnishee in Appellate Court. A garnishee claiming an allowance in an appellate court shall do so pursuant to Rule 84.21.

(Adopted May 15, 1998, eff. Jan. 1, 1999. Amended June 25, 2015, eff. Jan. 1, 2016; Dec. 23, 2015, eff. Jul. 1, 2016.)