Effective - 15 Jan 2015
525.080. Garnishee to deliver property, or pay debts, or may give bond therefor. — 1. If it appear that a garnishee, at or after his or her garnishment, was possessed of any property of the defendant, or was indebted to him or her, the court, or judge in vacation, may order the delivery of such property, or the payment of the amount owing by the garnishee, to the sheriff, into court, or to the attorney for the party on whose behalf the order of garnishment was issued, at such time as the court may direct; or may permit the garnishee to retain the same, upon his or her executing a bond to the plaintiff, with security, approved by the court, to the effect that the property shall be forthcoming, or the amount paid, as the court may direct. Upon a breach of the obligation of such bond, the plaintiff may proceed against the obligors therein, in the manner prescribed in the case of a delivery bond given to the sheriff.
2. Notwithstanding subsection 1 of this section, when property is protected from garnishment by state or federal law including but not limited to federal restrictions on the garnishment of earnings in Title 15, U.S.C. Sections 1671 to 1677 and Old Age, Survivors and Disability Insurance benefits as provided in Title 42, U.S.C. Section 407, such property need not be delivered to the court, or to any other person, by the garnishee to the extent such protection or preemption is applicable.
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(RSMo 1939 § 1567, A.L. 2000 S.B. 896, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)
Prior revisions: 1929 § 1403; 1919 § 1853; 1909 § 2420
Effective 1-15-15
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 525.010 - Who may be summoned as garnishees.
Section 525.020 - Garnishees summoned, how.
Section 525.040 - Effect of notice of garnishment — priority based on date of service.
Section 525.050 - Notice of garnishment, how served on corporations.
Section 525.060 - Return of writ, how made.
Section 525.070 - Garnishee may discharge himself, how.
Section 525.080 - Garnishee to deliver property, or pay debts, or may give bond therefor.
Section 525.090 - Claimants may interplead.
Section 525.100 - Adjudication of costs.
Section 525.110 - Execution same as on general judgment.
Section 525.120 - Courts may prescribe rules.
Section 525.140 - Garnishee shall file answer — failing, judgment by default.
Section 525.150 - Garnishment for wages, issued against railroad, when.
Section 525.160 - Railroad to answer garnishment for wages, when.
Section 525.170 - Judgment by default, how rendered final — extent and effect of against garnishee.
Section 525.180 - Answer of garnishee excepted to, adjudged insufficient — proceedings.
Section 525.190 - Denial of garnishee to answer, how — replication — issues tried, how.
Section 525.200 - What proceedings had, if effects found in hands of garnishee — judgment.
Section 525.210 - Answer taken as sufficient, when.
Section 525.220 - If answer admits effects or indebtedness, proceedings.
Section 525.240 - Costs adjudged against plaintiff, when — allowance to garnishee.
Section 525.250 - Adjudication of costs in other cases.
Section 525.260 - Debts not due may be attached.
Section 525.300 - Wages earned out of state exempt — exception.
Section 525.310 - Compensation of state and municipal employees subject to garnishment, procedure.