Supreme Court Rules - Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration: Interrogatories to Garnishee - Answers to Interrogatories - Exceptions

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Supreme Court Rules

		Section/Rule:	90.07
Subject:	Rule 90 - Rules of Civil Procedure - Rules Relating to Special Actions - Garnishments and Sequestration	Publication / Adopted Date:	May 15, 1998
Topic:	Interrogatories to Garnishee - Answers to Interrogatories - Exceptions - Response	Revised / Effective Date:	July 1, 2016

90.07. Interrogatories to Garnishee - Answers to Interrogatories - Exceptions - Response

(a) Interrogatories – Time for Service. The garnishor shall serve written interrogatories simultaneously with the garnishment asking the garnishee to:

(1) List and describe the property subject to garnishment in the possession, charge, or control of the garnishee and, in the case of a wage garnishment, state the gross amount of earnings, as defined in

section 525.030, RSMo

, due to the debtor and the nonexempt portion of such earnings subject to garnishment;

(2) State the last known address of the debtor and the name and last known address of any person, other than debtor, whom the garnishee knows claims or may claim an interest in or to the property subject to garnishment;

(3) If the garnishee is a bank or other financial institution, state whether at the time the writ of garnishment was served or at any subsequent time did the debtor have funds on deposit in an account in which all funds are:

(A) Deposited electronically on a recurring basis, and

(B) Reasonably identified as being funds on deposit that are 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

. If such funds are on deposit, the garnishee shall

identify each account, state the reason for the believed exemption, and identify the entity electronically depositing those funds;

(4) Identify the existence and case number of all senior garnishments and inform the garnishor upon the release, satisfaction, or termination of a senior garnishment; and

(5) Notify the garnishor upon termination of the judgment debtor’s employment. Supplementation of interrogatory responses shall be a continuing duty of the garnishee so long as the garnishment remains in effect.

The interrogatories shall be served simultaneously with the summons and writ of garnishment. The garnishor shall provide the interrogatories to the serving officer after the issued summons and writ have been returned to the garnishor by the court.

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)

Answer to Interrogatories – Time for Filing.

The garnishee shall file and serve verified answers to the interrogatories on the garnishor during the ten days immediately after the return date of the writ or, in the case of a continuous wage garnishment, within 20 days from the date on which the garnishee is served with the writ.

(

)

Exceptions to Answers to Interrogatories - Time for Filing.

The garnishor shall file and serve on the garnishee any exceptions to the interrogatory answers, asserting any objections to the answers and asserting all grounds upon which recovery is sought against the garnishee.

The exceptions shall be filed within the later of:

(1) 20 days after service of the answers, or

(2) 20 days after the return date of the writ.

In the case of a continuous wage garnishment, the exceptions shall be filed not later than 20 days after service of the answers.

The garnishee's answers to interrogatories are conclusively binding against the garnishor if the garnishor does not timely file exceptions to the interrogatory answers.

(

)

Response to Exceptions - Time for Filing.

Within 20 days after service of the exceptions, the garnishee may file a response thereto.

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)

Filing.

Interrogatories under this

Rule 90.07

shall not be filed with the court except upon court order or contemporaneously with exceptions placing the interrogatory answers in issue. However, both when the interrogatories and answers are served, the party serving them shall file with the court a certificate of service. 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 document, e.g., first interrogatories or answers to second interrogatories, and the signature of the serving party or attorney.

(Adopted May 15, 1998, eff. Jan. 1, 1999. Amended June 26, 2007, eff. Jan. 1, 2008; Dec. 22, 2009, eff. July 1, 2010; June 25, 2015, eff. Jan. 1, 2016; Dec. 23, 2015, eff. July 1, 2016.)