§ 90.10 Discharge of Garnishee--Judgment in Garnishment

Codes > Missouri Supreme Court Rules > Rules of > Part III : Rule 90 > 90.10

90.10. Discharge of Garnishee--Judgment in Garnishment

    (a) If the garnishee admits in its answers to interrogatories that any property subject to garnishment is in the garnishee's possession, the garnishee, without further order of the court, shall pay or deliver such property into court no later than ten days after the return date of the writ of garnishment or levy. Timely payment or delivery of such property into court thereby discharges the garnishee from further liability on account of the property subject to garnishment so paid or delivered.

    (b) If the garnishor files exceptions to the garnishee's answers to interrogatories or if a third party has intervened as provided by Rule 90.09, the court or jury shall determine all controverted issues raised by garnishor's exceptions to the garnishee's answers to interrogatories, the garnishee's response thereto, and any claim asserted by a third party who has intervened. The court shall enter judgment in accordance with the findings of the court or jury and shall order that any property not previously delivered to the officer or the court be delivered to the officer or paid into court within such time as the court shall direct. If the property is not delivered to the officer or paid into court within such time, the court may enter judgment against the garnishee for the value of the property.