Missouri Revised Statutes













Chapter 525

Garnishments

←525.070

Section 525.080.1

525.090→

August 28, 2015

Garnishee to deliver property, or pay debts, or may give bond therefor.

525.080. 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.



(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





2000



2000



525.080. 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, 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

or into court, 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 by the garnishee to the extent such protection or

preemption is applicable.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.