Section 525.040

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 525

Effective - 15 Jan 2015, see footnote   

  525.040.  Effect of notice of garnishment — priority based on date of service. — 1.  Notice of garnishment, served as provided in sections 525.010 to 525.480^* shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other choses in action of the defendant in the garnishee's possession or charge, or under his or her control at the time of the service of the garnishment, or which may come into his or her possession or charge, or under his or her control, or be owing by him or her, between that time and the time of filing his or her answer, or in the case of a continuous wage garnishment, until the judgment is paid in full or until the employment relationship is terminated, whichever occurs first; but he or she shall not be liable to a judgment in money on account of such bonds, bills, notes, drafts, checks or other choses in action, unless the same shall have been converted into money since the garnishment, or he or she fails, in such time as the court may prescribe, to deliver them into court, or to the sheriff or other person designated by the court.

  2.  Writs of garnishment which would otherwise have equal priority shall have priority according to the date of service on the garnishee.  If the employee's wages have been attached by more than one writ of garnishment, the employer shall inform the inferior garnisher of the existence and case number of all senior garnishments.

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(RSMo 1939 § 1563, A.L. 1971 H.B. 295, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)

Prior revisions: 1929 § 1399; 1919 § 1849; 1909 § 2416

Effective 1-15-15

*Section 525.480 was repealed by H.B. 1634, 1978.

(1971) This section applies only to circuit court garnishments.  Saneo Finance Co. v. Agnew (A.), 462 S.W.2d 833.

(1974) Held a Missouri corporation could be sued in Missouri for wages owed regardless of where they were payable and even if wages were payable in Texas which prohibits garnishment this would not prohibit garnishment action in this state.  Tumulty v. Tumulty (A.), 516 S.W.2d 530.