Garnishments
Definitions
Garnishor – A party to a lawsuit that has obtained a money judgment against another party, and issues a garnishment for collection of said judgment.
Judgment Debtor – A party to a lawsuit that has had a money judgment entered against them, making their wages, bank accounts and other assets subject to garnishment and/or execution.
Garnishee – The employer, bank or other institution that has possession of assets of the judgment debtor (wages, bank accounts, etc.) that are subject to garnishment.
Pro Se – A party representing themselves in a lawsuit without the assistance of an attorney of record.
Please note: When proceeding as either a Pro Se Plaintiff or Pro Se Defendant, you are representing to the court that you understand the law and legal procedures that need to be followed in your type of case, and you are fully capable of representing yourself. The clerk’s office cannot give you legal advice or assist you with any documents that need to be filed. If you are unable to proceed on your own, you will need to consult an attorney.
Changes to Laws Governing Garnishments
Effective January 1, 2016, the laws pertaining to garnishments changed significantly. The Missouri Supreme Court Rule governing the garnishment process is Rule 90. Whether you are a Garnishor, Judgment Debtor or Garnishee, you should read and familiarize yourself with this in order to understand what is required of you and avoid violating the law. The Circuit Clerk’s office is prohibited from giving legal advice or assistance. If you are still uncertain as to how to proceed after reviewing Rule 90, you should consult an attorney.
The new law allows a garnishor to file a continuous garnishment against a judgment debtor. This means the garnishment will be in effect from the date it is served on the garnishee until the judgment is paid in full or the judgment debtor is no longer employed by the garnishee, whichever occurs first. The new forms for both the Request for Garnishment and the Interrogatories to Garnishee are available at the Circuit Clerk’s office located on the second floor of the Court Building at 601 S Pearl Room 218 Joplin MO. You may also find them on the Forms page of this website found here.
If an attorney files a continuous garnishment on behalf of the garnishor, the attorney has the option to request that payments made by the garnishee be sent either directly to that attorney or to the Jasper County Circuit Clerk’s office. If a pro se party files a continuous garnishment, payments must be made through the Jasper County Circuit Clerk’s office. Pro se parties do not have the option of having the payments made directly to them.
If you opt to file a continuous garnishment, whether you are an attorney or a pro se plaintiff, you will be required to file a Statement of Judgment Balance with the Circuit Clerk’s office every six (6) months, pursuant to the provisions of Rule 90.
The $10.00 clerk fee still applies to all garnishments filed, including continuous garnishments. This fee needs to be paid simultaneously with the submission of the request for garnishment.
Frequently Asked Questions
Can I see garnishment information online?
Yes, from this website you can click on the link to Case.net. You can view all the information from the case including payments received on garnishments for up to 90 days after the requested return date.
When do I have to mail in the Interrogatories to garnishee answers and/or money withheld on the garnishment?
You have until 10 days after the “return date”of the garnishment to turn everything in to the Circuit Clerk’s office. In the case of a continuous garnishment, the Answers to Interrogatories must be filed with the court within 20 days from the date you were served with the Garnishment.
What is the filing fee to file a garnishment?
$10.00.
What is the Sheriff’s fee for having a garnishment served?
The Sheriff’s fee in Jasper County is $45.00 payable by money order, cashier’s check or business check. If the garnishment will be sent to another county or state for service, you will have to call the Sheriff’s office in that county to find out their fees for service of a garnishment and what type of payments they accept (personal check, money order, etc.).
I am an employer and the garnishee has the defendant as someone who has been terminated or never worked at this employer. What do I do with the garnishment?
Attached to the Garnishment are Interrogatories to Garnishee. Answer them and return the original to the Circuit Clerk's office and a copy to the person who filed the garnishment. Please note what date the defendant was terminated, or state the defendant was never employed by you, in the Answers you file.
As an employer how do I calculate the amount to withhold from the debtor’s check?
Due to state statute we are unable to help you with the calculations. If you view the back of the garnishment, there are Instructions to the Garnishee that sets out how much you need to withhold. If you still have questions after viewing the instructions, you will need to contact your accountant or attorney.
If the debtor has paid the garnishment off, can I stop withholding?
No. Even though the amount that you have withheld from the debtor may equal the amount due shown on the garnishment, the judgment against the debtor may include interest and other fees. Only the Plaintiff or a Judge can release the garnishment. If the debtor has overpaid the debt, they will need to contact the party who filed the garnishment to request a refund of the overpayment.
Judgment Creditors/Plaintiffs Please Note:
Once the judgment has been paid in full, you will need to file a Release of Garnishment and a Satisfaction of Judgment with the Court.
The Missouri Supreme Court Rule governing the garnishment process is Rule 90. If you have any questions, please refer to Rule 90 below. If you are uncertain as to how to proceed after reviewing Rule 90, you should consult an attorney.
Rule 90 -- Garnishments and Sequestration
90.01 -- Definitions
90.02 -- Request for issuance of writ of garnishment
90.03 -- Service on Garnishee -- Return of Service -- Return Date -- Service of Subsequent Pleadings and Papers
90.04 -- Effect of Service of Writ of Garnishment and Summons
90.05 -- Request for Immediate Delivery of Property to Sheriff -- Order of Delivery
90.06 -- Delivery Bond of Garnishee -- Form of -- Effect of Filing -- Insufficient Bond -- Hearing
90.07 -- Interrogatories to Garnishee -- Answers to Interrogatories --Exceptions -- Response
90.08 -- Court Order to Answer Interrogatories
90.09 -- Claims of Third Parties -- Notice -- Intervention
90.10 -- Discharge of Garnishee -- Judgment in Garnishment
90.11 -- Disbursement
90.12 -- Costs and Allowances
90.13 -- Execution Against Garnishee
90.14 -- Garnishment of Wages in Aid of Attachment
90.15 -- Garnishment of Wages -- Notice of Wage Exemption Statute Required
90.16 -- Compensation of State and Municipal Employees Subject to Writ of Sequestration
09.19 -- Reporting Judgment Balance - Payment on the Record