Public-domain · open source
OpenJurist

Mo. Rev. Stat. § 525.040

Effect of notice of garnishment — priority based on date of service

Applied in 1 court decision — leading case York v. Bertram (1991)

Most recently applied in York v. Bertram (January 1991)

Effective: 15 Jan 2015, see footnote; (RSMo 1939 § 1563, A.L. 1971 H.B. 295, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672); Prior revisions: 1929 § 1399; 1919 §…

1. Notice of garnishment, served as provided in sections 525.010 to 525.480 * shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other choses in action of the defendant in the garnishee's possession or charge, or under his or her control at the time of the service of the garnishment, or which may come into his or her possession or charge, or under his or her control, or be owing by him or her, between that time and the time of filing his or her answer, or in the case of a continuous wage garnishment, until the judgment is paid in full or until the employment relationship is terminated, whichever occurs first; but he or she shall not be liable to a judgment in money on account of such bonds, bills, notes, drafts, checks or other choses in action, unless the same shall have been converted into money since the garnishment, or he or she fails, in such time as the court may prescribe, to deliver them into court, or to the sheriff or other person designated by the court.

2. Writs of garnishment which would otherwise have equal priority shall have priority according to the date of service on the garnishee. If the employee's wages have been attached by more than one writ of garnishment, the employer shall inform the inferior garnisher of the existence and case number of all senior garnishments.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.