reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.070 - Pleadings and proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.070. Pleadings and proceedings. —
All pleadings and proceedings in this action shall be conducted as in other civil actions, except where it is herein otherwise prescribed.
­­--------
(RSMo 1939 § 1535)
Prior revisions: 1929 § 1371; 1919 § 1821; 1909 § 2388
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.080 - What plaintiff must show to recover.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.080. What plaintiff must show to recover. —
To entitle the plaintiff to recover, it shall be sufficient for him to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the possession thereof as is declared by this chapter to be sufficient to maintain the action.
­­--------
(RSMo 1939 § 1536)
Prior revisions: 1929 § 1372; 1919 § 1822; 1909 § 2389
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.090 - What plaintiff must show to recover as against cotenant.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.090. What plaintiff must show to recover as against cotenant. —
If the action is brought by a joint tenant, or tenant in common, against his cotenant, the plaintiff shall also be required to show on the trial that the defendant actually ousted him, or did some act amounting to a total denial of his right as such cotenant.
­­--------
(RSMo 1939 § 1537)
Prior revisions: 1929 § 1373; 1919 § 1823; 1909 § 2390
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.100 - One or more joint plaintiffs may recover.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.100. One or more joint plaintiffs may recover. —
Where there are two or more plaintiffs, any one or more may recover any interest they may be entitled to, in the same manner as if they had brought separate actions; and it shall not be any objection to a recovery in such action that any one or several of the plaintiffs do not prove any interest in the premises claimed, but those entitled shall have judgment, according to their rights, for the whole or such part or portion as they might have recovered if they had brought separate suits.
­­--------
(RSMo 1939 § 1538)
Prior revisions: 1929 § 1374; 1919 § 1824; 1909 § 2391
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.110 - What plaintiff may recover, if successful.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.110. What plaintiff may recover, if successful. —
If the plaintiff prevail in the action, he shall recover damages for all waste and injury, and, by way of damages, the rents and profits, down to the time of assessing the same, or to the time of the expiration of the plaintiff's title, under the following limitations:
(1) When it shall not be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, such recovery shall be only from the time of the commencement of the action;
(2) When it shall be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, and that such knowledge came to the defendant within five years next preceding the commencement of the action, such recovery shall be from the time that such knowledge came to the defendant;
(3) When it shall be shown on the trial that knowledge of the plaintiff's claim came to the defendant more than five years prior to the commencement of the action, such recovery shall only be for the term of five years next preceding the commencement of the action.
­­--------
(RSMo 1939 § 1541)
Prior revisions: 1929 § 1377; 1919 § 1827; 1909 § 2394
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.120 - Judgment where plaintiff's right expires after suit.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.120. Judgment where plaintiff's right expires after suit. —
If the right of the plaintiff to the possession of the premises expire after the commencement of the suit, and before the trial, the verdict shall be returned according to the fact, and judgment shall be entered only for the damages and costs.
­­--------
(RSMo 1939 § 1542)
Prior revisions: 1929 § 1378; 1919 § 1828; 1909 § 2395
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.130 - Jury shall assess value of rents and profits, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.130. Jury shall assess value of rents and profits, when. —
If the plaintiff prevail in his action, and it appear in evidence that the right of the plaintiff to the possession is unexpired, the jury shall find the monthly value of the rents and profits.
­­--------
(RSMo 1939 § 1543)
Prior revisions: 1929 § 1379; 1919 § 1829; 1909 § 2396
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.140 - Judgment in such cases.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.140. Judgment in such cases. —
In such case the judgment shall be for the recovery of the premises, the damages assessed and the accruing rents and profits, at the rate found by the jury, from the time of rendering the verdict until the possession of the premises is delivered to the plaintiff.
­­--------
(RSMo 1939 § 1544)
Prior revisions: 1929 § 1380; 1919 § 1830; 1909 § 2397
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.150 - Appeals — amount and condition of bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1949
524.150. Appeals — amount and condition of bond. —
No supersedeas shall be granted upon an appeal allowed in favor of the defendant, unless the recognizance be in a sum and with security sufficient to secure the payment of all damages and accruing rents and profits, and with condition to stay waste, in addition to the conditions now required by law in such cases.
­­--------
(RSMo 1939 § 1547, A. 1949 H.B. 2126)
Prior revisions: 1929 § 1383; 1919 § 1833; 1909 § 2400
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.160 - Defendant may recover compensation for improvements, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.160. Defendant may recover compensation for improvements, when. —
If a judgment or decree of dispossession shall be given in an action for the recovery of possession of premises, or in any real action in favor of a person having a better title thereto, against a person in the possession, held by himself or by his tenant, of any lands, tenements or hereditaments, such person may recover, in a court of competent jurisdiction, compensation for all improvements made by him in good faith on such lands, tenements or hereditaments, prior to his having had notice of such adverse title.
­­--------
(RSMo 1939 § 1548)
Prior revisions: 1929 § 1384; 1919 § 1834; 1909 § 2401
(1979) A claim under this section must fail if it can be shown the improvements were made with notice to an adverse title. Morris v. Ulbright (A.), 591 S.W.2d 245.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.170 - Petition — contents.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.170. Petition — contents. —
The plaintiff in his petition shall set forth the nature of his title, the length of his possession and the kind and value of the improvements made; and shall also aver therein that he entered into the possession of the land, believing that he had good title thereto, and that he made the improvements specified in the petition in good faith, under the belief that he had good title to the land, and shall be verified by his affidavit thereto annexed.
­­--------
(RSMo 1939 § 1549)
Prior revisions: 1929 § 1385; 1919 § 1835; 1909 § 2402
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.180 - Injunction may be granted.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.180. Injunction may be granted. —
An injunction may be granted to stay the plaintiff from taking possession of the land until the value of the improvements is ascertained, or until the further order of the court.
­­--------
(RSMo 1939 § 1550)
Prior revisions: 1929 § 1386; 1919 § 1836; 1909 § 2403
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.190 - Plaintiff may relinquish land and recover value, less the improvements.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.190. Plaintiff may relinquish land and recover value, less the improvements. —
The plaintiff may in his answer ask for leave to relinquish the land to the occupying claimant, and to recover the value thereof, aside from the improvements.
­­--------
(RSMo 1939 § 1551)
Prior revisions: 1929 § 1387; 1919 § 1837; 1909 § 2404
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.200 - Claimant to pay value of land, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.200. Claimant to pay value of land, when. —
If the value of the improvements exceed the value of the land aside from the improvements, the court may order that the occupying claimant shall, by a time to be specified in the order, take the land, and pay the ascertained value thereof to the plaintiff, and in default of such payment the plaintiff shall take possession of the land, discharged from all claim of such occupying claimant.
­­--------
(RSMo 1939 § 1552)
Prior revisions: 1929 § 1388; 1919 § 1838; 1909 § 2405
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.210 - Plaintiff to make deed, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.210. Plaintiff to make deed, when. —
In all cases where the occupying claimant shall be adjudged to take the land and pay the value thereof, the plaintiff shall, on payment of the money, make to the occupying claimant a conveyance thereof, with general warranty.
­­--------
(RSMo 1939 § 1553)
Prior revisions: 1929 § 1389; 1919 § 1839; 1909 § 2406
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.220 - Land may be divided, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.220. Land may be divided, when. —
If the value of the land, aside from the improvements, exceeds the value of the improvements, the court may, in its discretion, order either that the plaintiff shall pay for the improvements before he shall be allowed to take possession of the land, or that the land shall be divided between the occupying claimant and the plaintiff, according to their respective rights.
­­--------
(RSMo 1939 § 1554)
Prior revisions: 1929 § 1390; 1919 § 1840; 1909 § 2407
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.230 - Not to be divided, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.230. Not to be divided, when. —
No partition shall be ordered or adjudged if the plaintiff insist upon his right to retain the land.
­­--------
(RSMo 1939 § 1555)
Prior revisions: 1929 § 1391; 1919 § 1841; 1909 § 2408
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.240 - If plaintiff gives notice, in writing, compensation shall not be recovered.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.240. If plaintiff gives notice, in writing, compensation shall not be recovered. —
If the plaintiff shall give the occupying claimant notice, in writing, of his claim, and of the nature thereof, such notice shall bar the occupying claimant, and all persons claiming from or through him, of compensation for improvements made after such notice.
­­--------
(RSMo 1939 § 1556)
Prior revisions: 1929 § 1392; 1919 § 1842; 1909 § 2409
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.250 - Compensation shall only be made once.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.250. Compensation shall only be made once. —
No occupying claimant shall recover compensation twice for his improvements; and in all cases where the occupying claimant shall be paid for his improvements by any person other than the proprietor of the better title, such person shall be invested with the same rights, and have the same remedy for the recovery thereof, as is given by this chapter to such occupying claimant.
­­--------
(RSMo 1939 § 1557)
Prior revisions: 1929 § 1393; 1919 § 1843; 1909 § 2410
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.260 - Writ of possession and execution may issue, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.260. Writ of possession and execution may issue, when. —
When the judgment for the plaintiff is both for the recovery of the possession and of damages, the plaintiff may have a writ of possession, which shall command the officer to whom directed to deliver to the plaintiff possession of the premises, and shall also command him to levy and collect the damages and costs, as in executions on judgments in other civil actions.
­­--------
(RSMo 1939 § 1545)
Prior revisions: 1929 § 1381; 1919 § 1831; 1909 § 2398
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.270 - Ordinary execution to issue, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.270. Ordinary execution to issue, when. —
When the judgment for the plaintiff is only for damages and costs, execution may be had thereon, as on judgments in other civil actions.
­­--------
(RSMo 1939 § 1546)
Prior revisions: 1929 § 1382; 1919 § 1832; 1909 § 2399
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.280 - Executions, to whom issued and how governed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.280. Executions, to whom issued and how governed. —
Executions and writs for the delivery of possession of real property shall issue to the sheriff of the county where the same, or some part thereof, is situate, and shall be governed, in all respects, by the rules governing executions in ordinary cases, so far as the same may be applicable.
­­--------
(RSMo 1939 § 1559)
Prior revisions: 1929 § 1395; 1919 § 1845; 1909 § 2412
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 524 - Ejectment › Section 524.290 - Action for damages may be maintained, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 524
Effective - 28 Aug 1939
524.290. Action for damages may be maintained, when. —
An action for damages may be maintained in all the cases enumerated in section 524.020.
­­--------
(RSMo 1939 § 1558)
Prior revisions: 1929 § 1394; 1919 § 1844; 1909 § 2411
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.010 - Who may be summoned as garnishees.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.010. Who may be summoned as garnishees. —
All persons shall be subject to garnishment, on attachment or execution, who are named as garnishees in the writ, or have in their possession goods, moneys or effects of the defendant not actually seized by the officer, and all debtors of the defendant, and such others as the plaintiff or his attorney shall direct to be summoned as garnishees.
­­--------
(RSMo 1939 § 1560)
Prior revisions: 1929 § 1396; 1919 § 1846; 1909 § 2413
CROSS REFERENCES:
Director of the department of commerce and insurance not subject to garnishment in respect to deposits of securities, 375.460
Indemnity insurance on account of bodily injury or death, reached by creditors, how, 379.200
(1955) When execution is quashed, garnishment writ or summons issued in aid thereof ceases to be a live and subsisting process. Flynn v. Janssen (Mo.), 284 S.W.2d 421.
(1959) Garnishment proceeding in aid of execution under federal statute is a civil action under federal statutes providing for removal of civil actions to the federal court. Randolph v. Employers Mut. Liability Ins. Co. of Wis., 260 F.2d 461.
(1959) Where Kansas judgment was filed with "petition on foreign judgment" after the death of the judgment debtor, it would not support a garnishment on a bank in this state because the judgment would not sustain an execution in Kansas. Barnes v. Hilton (A.), 323 S.W.2d 831.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.020 - Garnishees summoned, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.020. Garnishees summoned, how. —
When a fieri facias shall be issued and placed in the hands of an officer for collection, it shall be the duty of the officer, when directed by the plaintiff, his agent or attorney, to summon garnishees, and with like effect as in case of an original attachment. The service of garnishment in such case, and the subsequent proceedings against and in behalf of the garnishee, shall be the same as in the case of garnishment under an attachment.
­­--------
(RSMo 1939 § 1561)
Prior revisions: 1929 § 1397; 1919 § 1847; 1909 § 2414
CROSS REFERENCES:
Attachment writ to direct the summons of garnishees, 521.140
Garnishees, how summoned on attachment writ, 521.170
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.040 - Effect of notice of garnishment — priority based on date of service.

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.
­­--------
(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.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.050 - Notice of garnishment, how served on corporations.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1990
525.050. Notice of garnishment, how served on corporations. —
Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer for collection in the corporation's county of primary business; provided, if such designated person is not available or if such designation is not filed with the sheriff or officer of collection, then such notice may be served upon the president, secretary, treasurer, cashier or other chief or managing officer of such corporation. Notice of garnishment may be served on railroad corporations by delivering the same, or a copy thereof, to any station or freight agent of such corporation, and on insurance companies not incorporated by or organized under the laws of this state, by delivering the same, or a copy thereof, to the director of the department of commerce and insurance.
­­--------
(RSMo 1939 § 1564, A.L. 1945 p. 649, A.L. 1990 S.B. 834)
Prior revisions: 1929 § 1400; 1919 § 1850; 1909 § 2417
(1971) Where sheriff's return reported service on the property claims manager at the North St. Louis County office of Allstate Insurance Company, a company organized under the laws of another state, it was fatally insufficient whether or not the claims manager was in charge of the office since he was neither the president, secretary, treasurer or cashier of Allstate, nor "other chief or managing officer of such corporation". Smith v. Bennett (A.), 472 S.W.2d 623.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.060 - Return of writ, how made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.060. Return of writ, how made. —
The officer serving a writ of attachment shall return all bonds taken by him into court, with the writ, and a statement of the names of all garnishees, together with the day and hour and the places when and where they were respectively summoned.
­­--------
(RSMo 1939 § 1565)
Prior revisions: 1929 § 1401; 1919 § 1851; 1909 § 2418
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.070 - Garnishee may discharge himself, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 15 Jan 2015, 2 histories, see footnote
525.070. Garnishee may discharge himself, how. —
Whenever any property, effects, money or debts, belonging or owing to the defendant, shall be confessed, or found by the court or jury, to be in the hands of the garnishee, the garnishee may, at any time before final judgment, discharge himself or herself, by paying or delivering the same, or so much thereof as the court shall order, to the sheriff, to the court, or if applicable, to the attorney for the party on whose behalf the order of garnishment was issued, from all further liability on account of the property, money or debts so paid or delivered.
­­--------
(RSMo 1939 § 1566, A.L. 2002 S.B. 895, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)
Prior revisions: 1929 § 1402; 1919 § 1852; 1909 § 2419
Effective 1-15-15
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.080 - Garnishee to deliver property, or pay debts, or may give bond therefor.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 15 Jan 2015, see footnote
525.080. Garnishee to deliver property, or pay debts, or may give bond therefor. —
1. If it appear that a garnishee, at or after his or her garnishment, was possessed of any property of the defendant, or was indebted to him or her, the court, or judge in vacation, may order the delivery of such property, or the payment of the amount owing by the garnishee, to the sheriff, into court, or to the attorney for the party on whose behalf the order of garnishment was issued, at such time as the court may direct; or may permit the garnishee to retain the same, upon his or her executing a bond to the plaintiff, with security, approved by the court, to the effect that the property shall be forthcoming, or the amount paid, as the court may direct. Upon a breach of the obligation of such bond, the plaintiff may proceed against the obligors therein, in the manner prescribed in the case of a delivery bond given to the sheriff.
2. Notwithstanding subsection 1 of this section, when property is protected from garnishment by state or federal law including but not limited to federal restrictions on the garnishment of earnings in Title 15, U.S.C. Sections 1671 to 1677 and Old Age, Survivors and Disability Insurance benefits as provided in Title 42, U.S.C. Section 407, such property need not be delivered to the court, or to any other person, by the garnishee to the extent such protection or preemption is applicable.
­­--------
(RSMo 1939 § 1567, A.L. 2000 S.B. 896, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)
Prior revisions: 1929 § 1403; 1919 § 1853; 1909 § 2420
Effective 1-15-15
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.090 - Claimants may interplead.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.090. Claimants may interplead. —
Any person claiming property, money, effects or credits attached in the hands of a garnishee, may interplead in the cause, as provided by law in attachment cases; but no judgment shall be rendered against the garnishee in whose hands the same may be, until the interplea shall be determined.
­­--------
(RSMo 1939 § 1568)
Prior revisions: 1929 § 1404; 1919 § 1854; 1909 § 2421
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.100 - Adjudication of costs.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.100. Adjudication of costs. —
In all cases of interplea, costs may be adjudged for or against either party, as in ordinary actions.
­­--------
(RSMo 1939 § 1569)
Prior revisions: 1929 § 1405; 1919 § 1855; 1909 § 2422
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.110 - Execution same as on general judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.110. Execution same as on general judgment. —
When judgment is rendered against any garnishee, the execution shall be such as is allowed by law on general judgment.
­­--------
(RSMo 1939 § 1570)
Prior revisions: 1929 § 1406; 1919 § 1856; 1909 § 2423
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.120 - Courts may prescribe rules.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.120. Courts may prescribe rules. —
The court having jurisdiction may prescribe, by rule, the time and manner of excepting to and denying the answer of garnishees, of interpleading, exhibiting or filing papers, or taking any needful step in garnishment cases where the same are not prescribed by law.
­­--------
(RSMo 1939 § 1571)
Prior revisions: 1929 § 1407; 1919 § 1857; 1909 § 2424
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.130 - Plaintiff may exhibit interrogatories against garnishees — interrogatories, when filed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.130. Plaintiff may exhibit interrogatories against garnishees — interrogatories, when filed. —
The plaintiff may exhibit in the cause written interrogatories touching the property, effects and credits attached in the hands of any garnishee, and require such garnishee to make full, direct and true answers to the same, upon oath; which interrogatories shall be filed at the return term of the writ, and within the first three days thereof, if the term shall so long continue, and if not, then before the end of the term, and not afterward, unless for good cause shown the court shall order otherwise.
­­--------
(RSMo 1939 § 1572)
Prior revisions: 1929 § 1408; 1919 § 1858; 1909 § 2425
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.140 - Garnishee shall file answer — failing, judgment by default.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.140. Garnishee shall file answer — failing, judgment by default. —
Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unless for good cause shown the court shall order otherwise. In default of such answer, the plaintiff may take judgment by default against him, or the court may, upon motion, compel him to answer by attachment of his body; provided, in all cases where the garnishee is a corporation and fails to answer as above provided, the court may, upon motion, compel said corporation to answer by attaching the body of the president, secretary, treasurer, auditor, paymaster or deputy paymaster of such corporation, in which case the said corporation shall be liable for all the costs accruing by reason of such attachment.
­­--------
(RSMo 1939 § 1573)
Prior revisions: 1929 § 1409; 1919 § 1859; 1909 § 2426
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.150 - Garnishment for wages, issued against railroad, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.150. Garnishment for wages, issued against railroad, when. —
Except as herein provided, no garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars or less, and where the property sought to be reached is wages due the defendant by any railroad corporation, until after judgment shall have been recovered by the plaintiff against the defendant in the action; provided, this section shall not apply when the debt or claim sued for was contracted or accrued in this state; provided further, in such cases the petition or statement filed in the cause and the writ or summons of garnishment shall affirmatively show that the debt or claim sued for was contracted or accrued in this state and is owing to a bona fide citizen or resident of this state.
­­--------
(RSMo 1939 § 1574)
Prior revisions: 1929 § 1410; 1919 § 1860; 1909 § 2427
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.160 - Railroad to answer garnishment for wages, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.160. Railroad to answer garnishment for wages, when. —
Except as herein provided, no railroad corporation shall be required to make answer to any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal services, nor shall any default or other liabilities attach because of its failure to so answer in such cases, where a writ of garnishment was issued or served in advance of the recovery by the plaintiff against the defendant, in any action for two hundred dollars or less; and any judgment rendered against any railroad corporation for its said failure or refusal to make answer to any garnishment so issued or served before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in section 525.150 shall be void, and any officer entering said judgment or who may execute the same shall be taken and considered a trespasser and in addition thereto may be enjoined by any court having jurisdiction; provided, this section shall not apply when the debt or claim sued for was contracted or accrued in this state; provided further, in such cases the petition or statement filed in the cause and the writ or summons of garnishment shall affirmatively show that the debt or claim sued for was contracted or accrued in this state and is owing to a bona fide citizen or resident of this state.
­­--------
(RSMo 1939 § 1575)
Prior revisions: 1929 § 1411; 1919 § 1861; 1909 § 2428
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.170 - Judgment by default, how rendered final — extent and effect of against garnishee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.170. Judgment by default, how rendered final — extent and effect of against garnishee. —
Such judgment by default may be proceeded on to final judgment, in like manner as in case of defendants in other civil actions; but no final judgment shall be rendered against the garnishee until there shall be final judgment against the defendant, and in no case for a greater amount than the amount sworn to by the plaintiff, with interest and costs, or for a greater amount than the garnishee shall appear to be liable for to the defendant.
­­--------
(RSMo 1939 § 1576)
Prior revisions: 1929 § 1412; 1919 § 1862; 1909 § 2429
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.180 - Answer of garnishee excepted to, adjudged insufficient — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.180. Answer of garnishee excepted to, adjudged insufficient — proceedings. —
The plaintiff may except to the answer of the garnishee for insufficiency, and if the same shall be adjudged insufficient, the court may allow the garnishee to amend his answer in such time and on such terms as shall be just, or the plaintiff may take judgment by default, or move the court to attach the body of the garnishee, to compel a sufficient answer.
­­--------
(RSMo 1939 § 1577)
Prior revisions: 1929 § 1413; 1919 § 1863; 1909 § 2430
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.190 - Denial of garnishee to answer, how — replication — issues tried, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.190. Denial of garnishee to answer, how — replication — issues tried, how. —
The plaintiff may deny the answer of the garnishee, in whole or in part, without oath. In all cases where the answer of the garnishee is denied, the denial shall contain, specially, the grounds upon which a recovery is sought against the garnishee; and the garnishee shall be entitled to a reply, and the issue or issues made up on the denial and reply shall be the sole issue or issues tried, and the issue or issues shall be tried as ordinary issues between plaintiff and defendant.
­­--------
(RSMo 1939 § 1578)
Prior revisions: 1929 § 1414; 1919 § 1864; 1909 § 2431
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.200 - What proceedings had, if effects found in hands of garnishee — judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.200. What proceedings had, if effects found in hands of garnishee — judgment. —
If, upon such trial, it shall appear that property, effects or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value thereof, or what money are in his hands, and unless he discharge himself, as provided in section 525.070, by paying over or delivering the same to the sheriff, or unless he shall, within such time as the court shall direct, as provided in section 525.080, pay or deliver up such property, effects or money, or shall execute his bond for the payment or delivery thereof, then the court shall enter up judgment against the garnishee for the proper amount or value as found in money, and execution may issue forthwith to enforce such judgment.
­­--------
(RSMo 1939 § 1579)
Prior revisions: 1929 § 1415; 1919 § 1865; 1909 § 2432
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.210 - Answer taken as sufficient, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.210. Answer taken as sufficient, when. —
If the answer of the garnishee be not excepted to nor denied in proper time, it shall be taken to be true and sufficient.
­­--------
(RSMo 1939 § 1580)
Prior revisions: 1929 § 1416; 1919 § 1866; 1909 § 2433
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.220 - If answer admits effects or indebtedness, proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.220. If answer admits effects or indebtedness, proceedings. —
If, by the answer, not excepted to or denied, it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the same proceedings may be had to ascertain the value of such property or effects, or amount of such indebtedness, and to render and enforce a judgment therefor, as is provided in section 525.200.
­­--------
(RSMo 1939 § 1581)
Prior revisions: 1929 § 1417; 1919 § 1867; 1909 § 2434
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.230 - Garnishee is a financial institution, one-time deduction permitted, when — procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 15 Jan 2015, see footnote
525.230. Garnishee is a financial institution, one-time deduction permitted, when — procedure. —
The garnishee may deduct a one-time sum not to exceed twenty dollars, or the fee previously agreed upon between the garnishee and judgment debtor where and if the garnishee is a financial institution, for his or her trouble and expenses in answering the interrogatories and withholding the funds, to be withheld from any funds garnished, in addition to the moneys withheld to satisfy the court-ordered judgment. Such fee shall not be a credit against the court-ordered judgment and shall be collected first. The garnishee may file a motion with the court for additional costs, including attorney's fees, reasonably incurred in answering the interrogatories in which case the court may make such award as it deems reasonable. The motion shall be filed on or before the date the garnishee makes payment or delivers property subject to garnishment to the court.
­­--------
(RSMo 1939 § 1582, A.L. 1990 S.B. 834, A.L. 2000 S.B. 896, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)
Prior revisions: 1929 § 1418; 1919 § 1868; 1909 § 2435
Effective 1-15-15
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.233 - Notice of garnishment and writ of sequestration to contain federal taxpayer identification number — failure to comply, effect.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 2010
525.233. Notice of garnishment and writ of sequestration to contain federal taxpayer identification number — failure to comply, effect. —
The notice of garnishment and the writ of sequestration shall contain only the last four digits of the federal taxpayer identification number, when available, on the judgment debtor. When the last four digits of the federal taxpayer identification number is omitted from the notice of garnishment or the writ of sequestration, the garnishee shall not be held liable for withholding from the incorrect debtor by the creditor garnishing the funds. The creditor shall not have any action against the garnishee, when the last four digits of the federal taxpayer identification number is omitted from the notice of garnishment or the writ of sequestration or does not match the last four digits of the federal taxpayer identification, for failure to withhold from any person the amount stated in the notice of garnishment or the writ of sequestration, except to serve a notice of garnishment or writ of sequestration for the original amount to the garnishee with the correct last four digits of the federal taxpayer identification number.
­­--------
(L. 1990 S.B. 834, A.L. 2000 S.B. 896, A.L. 2010 H.B. 1654)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.240 - Costs adjudged against plaintiff, when — allowance to garnishee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 2000
525.240. Costs adjudged against plaintiff, when — allowance to garnishee. —
If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged against such plaintiff, and the court shall render judgment in favor of such garnishee, against the plaintiff, for a sum sufficient to indemnify him or her for his or her bona fide time and expenses including actual employee costs, and reasonable attorney's fees, in preparing, attending and answering and defending in subsequent proceedings as garnishee.
­­--------
(RSMo 1939 § 1583, A.L. 2000 S.B. 896)
Prior revisions: 1929 § 1419; 1919 § 1869; 1909 § 2436
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.250 - Adjudication of costs in other cases.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 2000
525.250. Adjudication of costs in other cases. —
In all cases between the plaintiff and garnishee, a court of competent jurisdiction may order the parties to pay or recover costs, as in ordinary cases between plaintiff and defendant.
­­--------
(RSMo 1939 § 1584, A.L. 2000 S.B. 896)
Prior revisions: 1929 § 1420; 1919 § 1870; 1909 § 2437
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.260 - Debts not due may be attached.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.260. Debts not due may be attached. —
Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for debts until they shall become due.
­­--------
(RSMo 1939 § 1585)
Prior revisions: 1929 § 1421; 1919 § 1871; 1909 § 2438
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.270 - Claimants of debts assigned, or property sold, may be made parties, how — notice, how given — trial.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.270. Claimants of debts assigned, or property sold, may be made parties, how — notice, how given — trial. —
1. If the garnishee disclose in his answer, and declare his belief, that the debt owing by him to the defendant, or the supposed property of the defendant in his hands, has been sold or assigned to a third person, and the plaintiff contests or disputes the existence, force or validity of such sale or assignment, the court shall make an order upon the supposed vendee or assignee, to appear at a designated time and sustain his claim to the property or debt.
2. A copy of such order shall be served upon him, as in the case of a summons, if he can be found; if not, it shall be published once a week, for three consecutive weeks, in some newspaper published in or nearest the county in which the action is pending, which shall be equivalent to service. If the party so notified fail to appear as required, the garnishee's averment of such sale or assignment shall be disregarded; but if he appear, and, in writing, filed in the cause and verified by affidavit, claim under such sale or assignment, a trial of his right shall be had, without unnecessary delay, upon an issue made thereon; and if the same be determined in his favor, the garnishee shall, as to the property or debt in question, be discharged.
­­--------
(RSMo 1939 § 1586)
Prior revisions: 1929 § 1422; 1919 § 1872; 1909 § 2439
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.280 - Garnishee owing note to defendant, latter may be required to produce same in court — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1939
525.280. Garnishee owing note to defendant, latter may be required to produce same in court — proceedings. —
If it shall be made to appear that any garnishee had, before his garnishment, executed to any defendant a negotiable promissory note, which, at the time of the garnishment, was unpaid, the court, or the judge thereof, may order the defendant to deliver the same into the court; and if the defendant, in showing cause for the nondelivery thereof, allege an endorsement or delivery thereof to some other person before the order of the court came to his knowledge, the fact of such transfer and the consideration and good faith thereof may be inquired into and determined by the court; and in order thereto, the alleged endorsee or transferee and the defendant may be examined, on oath, in open court, and if it appear that such endorsee or transferee holds the same by a fraudulent endorsement or delivery, the court may order him to deliver such note into court. Any order of delivery made in pursuance hereof may be enforced by attachment of the body of the party to whom it is directed. When any note shall be delivered into court, in pursuance of this section, the court shall take proper measures to cause any endorsers thereon to be notified, at its maturity, of its nonpayment.
­­--------
(RSMo 1939 § 1587)
Prior revisions: 1929 § 1423; 1919 § 1873; 1909 § 2440
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.290 - Garnishment of wages — personal service upon defendant required — exception — petition and summons to show cause of action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1945
525.290. Garnishment of wages — personal service upon defendant required — exception — petition and summons to show cause of action. —
No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant, unless the suit be brought in the county where the defendant resides, or in the county where the debt is contracted and the cause of action arose or accrued, and in cities over one hundred thousand inhabitants in the city where the defendant resides or the debt is contracted and the cause of action accrued; provided, the petition or statement filed in the cause and writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.
­­--------
(RSMo 1939 § 1588, A.L. 1945 p. 652)
Prior revisions: 1929 § 1424; 1919 § 1874