Effective - 28 Aug 1939
525.270. Claimants of debts assigned, or property sold, may be made parties, how — notice, how given — trial. — 1. If the garnishee disclose in his answer, and declare his belief, that the debt owing by him to the defendant, or the supposed property of the defendant in his hands, has been sold or assigned to a third person, and the plaintiff contests or disputes the existence, force or validity of such sale or assignment, the court shall make an order upon the supposed vendee or assignee, to appear at a designated time and sustain his claim to the property or debt.
2. A copy of such order shall be served upon him, as in the case of a summons, if he can be found; if not, it shall be published once a week, for three consecutive weeks, in some newspaper published in or nearest the county in which the action is pending, which shall be equivalent to service. If the party so notified fail to appear as required, the garnishee's averment of such sale or assignment shall be disregarded; but if he appear, and, in writing, filed in the cause and verified by affidavit, claim under such sale or assignment, a trial of his right shall be had, without unnecessary delay, upon an issue made thereon; and if the same be determined in his favor, the garnishee shall, as to the property or debt in question, be discharged.
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(RSMo 1939 § 1586)
Prior revisions: 1929 § 1422; 1919 § 1872; 1909 § 2439
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.