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Rule 90.02 – Request for Issuance of Writ of Garnishment

May 13, 2021 | Civil Procedure, Missouri

The clerk of the court that entered the judgment shall issue a writ of garnishment if the garnishor files a written request stating:

(a) That a judgment has been entered against the debtor and remains unsatisfied;
(b) The amount of the judgment and the amount remaining unpaid;
(c) That the garnishor knows or has good reason to believe that the garnishee is indebted to debtor, that the garnishee is obligated to make periodic payments to debtor, or that the garnishee has control or custody of property belonging to debtor; and
(d) The requested return date of the writ, which shall be either 30, 60, 90, 120, 150, or 180 days after the filing of the request for the writ or, alternatively, that a continuous wage garnishment is requested.

If a garnishor so requests, the clerk shall issue a writ of garnishment and summons when an attachment or execution is issued.

Mo. R. Civ. P. 90.02

Adopted May 15, 1998, effective January 1, 1999. Amended June 21, 2005, effective January 1, 2006.