§ 90.12 Costs and Allowances

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90.12. Costs and Allowances

    (a) Allowance to Garnishee if Interrogatory Answers are Not Excepted to or Denied. If by interrogatory answers, not excepted to or denied, it appears that the garnishee has property subject to garnishment, the court, upon motion by the garnishee, shall allow the garnishee a reasonable amount for the trouble and expense of answering, including attorney's fees, to be paid out of the property subject to garnishment. The garnishee shall file a motion for such an allowance on or before the date the garnishee pays or delivers the property subject to garnishment into court.

    (b) Allowance to Garnishee if Garnishor Does Not Recover Judgment Against Garnishee. If the garnishor files exceptions to the garnishee's interrogatory answers but does not obtain a judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnishor. The court in such a case shall render judgment in favor of the garnishee and against the garnishor for an amount sufficient to indemnify the garnishee for time and expenses, including attorney's fees.

    (c) Allowance to Garnishee in Appellate Court. A garnishee claiming an allowance in an appellate court shall do so pursuant to Rule 84.21.