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Rule 90.07 – Interrogatories to Garnishee-Answers to Interrogatories-Exceptions-Response

May 13, 2021 | Civil Procedure, Missouri

(a) Interrogatories-Time for Filing-Service. Prior to the issuance of the summons and writ of garnishment the garnish or shall file written interrogatories asking the garnishee to:

(1) List and describe the property subject to garnishment in the possession, charge or control of the garnishee,
(2) State the name and last known address of any person, other than debtor, whom the garnishee knows claims or may claim an interest in or to the property subject to garnishment; and
(3) If the garnishee is a bank or other financial institution, state whether at the time the writ of garnishment was served or at any subsequent time did the debtor have funds on deposit in an account in which all funds are:

(A) Deposited electronically on a recurring basis, and
(B) Reasonably identified as being funds on deposit that are exempt from garnishment pursuant to Section 513.430.1(10)(a), (b), or (c), RSMO; and, if so, identify each account, state the reason for the believed exemption, and identify the entity electronically depositing those funds.

(4) Identify the existence and case number of all senior garnishments and inform the garnishor upon the release, satisfaction, or termination of a senior garnishment.

The interrogatories shall be served simultaneously with the summons and writ of garnishment.

(b) Answer to Interrogatories-Time for Filing.

The garnishee shall file and serve verified answers to the interrogatories on the garnishor during the ten days immediately after the return date of the writ or, in the case of a continuous wage garnishment, within 20 days from the date on which the garnishee is served with the writ.

(c) Exceptions to Answers to Interrogatories-Time for Filing. The garnishor shall file any exceptions to the interrogatory answers asserting any objections to the answers and asserting all grounds upon which recovery is sought against the garnishee.

(1) The exceptions shall be filed within the later of:

(A) 20 days after service of the answers, or
(B) 20 days after the return date of the writ.
(2) In the case of a continuous wage garnishment, the exceptions shall be filed no later than 20 days after service of the answers.

The garnishee’s answers to interrogatories are conclusively binding against the garnishor if the garnishor does not timely file exceptions to the interrogatory answers.

(d) Response to Exceptions-Time for Filing. Within 20 days after service of the exceptions, the garnishee may file a response thereto.

Mo. R. Civ. P. 90.07

Adopted May 15, 1998, eff. Jan. 1, 1999; Amended June 26, 2007, eff. January 1, 2008. Amended December 22, 2009, effective July 1, 2010.