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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 525 Garnishments
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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 insurance not subject to garnishment in
respect to deposits of securities, RSMo 375.460 Indemnity insurance on
account of bodily injury or death, reached by creditors, how, RSMo 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.
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,
RSMo 521.140 Garnishees, how summoned on attachment writ, RSMo 521.170
1. No sheriff or other officer charged with the collection of
money shall, prior to the return day of an execution or other process
upon which the same may be made, be liable to be summoned as garnishee;
nor shall any county collector, county treasurer or municipal
corporation, or any officer thereof, or any administrator or executor of
an estate, prior to an order of distribution, or for payment of legacies,
or the allowance of a demand found to be due by his estate, be liable to
be summoned as garnishee; nor shall any person be so charged by reason of
his having drawn, accepted, made or endorsed any promissory note, bill of
exchange, draft or other security, in its nature negotiable, unless it be
shown at the hearing that such note, bill or other security was the
property of the defendant when the garnishee was summoned, and continued
so to be until it became due.
2. The maximum part of the aggregate earnings of any individual for any
workweek, after the deduction from those earnings of any amounts required
by law to be withheld, which is subjected to garnishment may not exceed
(a) twenty-five percentum, or, (b) the amount by which his aggregate
earnings for that week, after the deduction from those earnings of any
amounts required to be withheld by law, exceed thirty times the federal
minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938 in effect at the time the earnings are payable, or,
(c) if the employee is the head of a family and a resident of this state,
ten percentum, whichever is less.
The restrictions on the maximum earnings subjected to garnishment do not
apply in the case of any order of any court for the support of any
person, any order of any court of bankruptcy under chapter XIII of the
Bankruptcy Act or any debt due for any state or federal tax.
For pay periods longer than one week, the provisions of subsection 2(a)
and (c) of this section shall apply to the maximum earnings subjected to
garnishment for all workweeks compensated, and under subsection 2(b) of
this section, the "multiple" of the federal minimum hourly wage
equivalent to that applicable to the earnings subject to garnishment for
one week shall be represented by the following formula: The number of
workweeks or fractions thereof (x) x 30 x the applicable federal minimum
wage. For the purpose of this formula, a calendar month shall be
considered to consist of 4 1/3 workweeks, a semimonthly period to consist
of 2 1/6 weeks. The "multiple" for any other pay period longer than one
week shall be computed in a manner consistent herewith.
The restrictions on the maximum amount of earnings subjected to
garnishment shall also be applicable to all proceedings involving the
sequestration of wages of employees of all political subdivisions.
The term "earnings" as used herein means compensation paid or payable for
personal services, whether denominated as wages, salary, commission,
bonus, or otherwise, and includes periodic payments pursuant to a pension
or retirement program.
3. In any proceeding of garnishment or sequestration of wages under the
provisions of sections 525.010 to 525.480, the maximum part of the
aggregate earnings of any individual in any workweek which shall be
subject to garnishment or sequestration pursuant to the provisions of
subsection 2 of this section shall be construed to constitute all wages
or earnings of the defendant in the garnishee's possession or charge or
to be owing by him to the defendant in that week.
4. No notice, summons, or writ of garnishment, or sequestration of wages
issued or served under sections 525.010 to 525.480 shall attach or
purport to attach any wages in excess of the amounts prescribed in
subsection 2 of this section and each such notice, summons, or writ shall
have clearly and legibly reproduced thereon the provisions of subsections
2, 5 and 6 of this section.
5. No employer may discharge any employee by reason of the fact that his
earnings have been subjected to garnishment or sequestration for any one
indebtedness.
6. Whoever willfully violates the provisions of subsection 5 of this
section is guilty of a misdemeanor. (RSMo 1939 § 1562, A.L. 1971 S.B. 34,
A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1398; 1919 § 1848; 1909 § 2415
Effective 1-2-79
(1974) Former employer who failed to withhold when garnished, thereby
becoming liable for full amount of child support judgment and took
assignment of that claim could not when he garnished subsequent employer
obtain more than ten percent since claim no longer was an "order for the
support of any person". Brown v. Brewington (A.), 513 S.W.2d 768.
(1978) Garnishment to collect an attorney's fee under Dissolution of
Marriage Act is not an order for the support of any person and is
therefore subject to limitations of Consumer Credit Protection Act and
corresponding Missouri statute. Dyche v. Dyche (Mo.), 570 S.W.2d 293.
(1979) Spendthrift provision of union vacation trust fund which purported
to prevent garnishment of wages and earnings held by the trust on behalf
of participants was contrary to wage garnishment statute and therefore
invalid as contrary to public policy. Electrical Workers v. IBEW-NECA
Holiday Trust Fund (Mo.), 583 S.W.2d 154.
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 control at the time of the service of the garnishment, or which may
come into his possession or charge, or under his control, or be owing by
him, between that time and the time of filing his answer; but he 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 fail, in such
time as the court may prescribe, to deliver them into court, or to the
sheriff or other person designated by the court. (RSMo 1939 § 1563, A.L.
1971 H.B. 295)
Prior revisions: 1929 § 1399; 1919 § 1849; 1909 § 2416
Effective 7-8-71
(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.
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 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.
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
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, by paying or delivering the
same, or so much thereof as the court shall order, to the sheriff or to
the court, 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)
Prior revisions: 1929 § 1402; 1919 § 1852; 1909 § 2419
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, 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 or into court, 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 by the garnishee to the
extent such protection or preemption is applicable. (RSMo 1939 § 1567,
A.L. 2000 S.B. 896)
Prior revisions: 1929 § 1403; 1919 § 1853; 1909 § 2420
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
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
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
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
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
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
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
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
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
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
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
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
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
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
1. The court shall make the garnishee a reasonable allowance for
his or her trouble and expenses in answering the interrogatories, to be
paid out of the funds or proceeds of the property or effects confessed in
his or her hands. The reasonable allowances shall include any court
costs, attorney's fees and any other bona fide expenses of the garnishee.
2. The court also shall allow the garnishee, in addition to the
reasonable allowance for his or her trouble and expenses in answering the
interrogatories, to collect an administrative fee consisting of the
greater of eight dollars or two percent of the amount required to be
deducted by any court-ordered garnishment or series of garnishments
arising out of the same judgment debt. Such fee shall be for the trouble
and expenses in administering the notice of garnishment and paying over
any garnished funds available to the court. The fee shall be withheld by
the employer from the employee, or by any other garnishee from any fund
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. (RSMo 1939 § 1582,
A.L. 1990 S.B. 834, A.L. 2000 S.B. 896)
Prior revisions: 1929 § 1418; 1919 § 1868; 1909 § 2435
The notice of garnishment and the writ of sequestration shall
contain the federal taxpayer identification number, when available, on
the judgment debtor. When 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 federal taxpayer
identification number is omitted from the notice of garnishment or the
writ of sequestration or does not match 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 federal taxpayer identification
number. (L. 1990 S.B. 834, A.L. 2000 S.B. 896)
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
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
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
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
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
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
Wages earned out of this state, and payable out of this state,
shall be exempt from garnishment in aid of attachment in all cases where
the cause of action arose or accrued out of this state, unless the
defendant in the attachment suit is personally served with process; and
if the writ of attachment is not personally served on the defendant, the
court issuing the writ of attachment shall not entertain jurisdiction of
the cause, but shall dismiss the suit at the cost of plaintiff. In all
actions commenced in this state in which it is sought to garnish wages in
aid of attachment, the petition or statement filed in such cause and the
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 § 1589, A.L. 1945 p. 652)
Prior revisions: 1929 § 1425; 1919 § 1875
1. When a judgment has been rendered against an officer,
appointee or employee of the state of Missouri, or any municipal
corporation or other political subdivision of the state, the judgment
creditor, or his attorney or agent, may file in the office of the clerk
of the court before whom the judgment was rendered, an application
setting forth such facts, and that the judgment debtor is employed by the
state, or a municipal corporation or other political subdivision of the
state, with the name of the department of state or the municipal
corporation or other political subdivision of the state which employs the
judgment debtor, and the name of the treasurer, or the name and title of
the paying, disbursing or auditing officer of the state, municipal
corporation or other political subdivision of the state, charged with the
duty of payment or audit of such salary, wages, fees or earnings of such
employee, and upon the filing of such application the clerk shall issue a
writ of sequestration directed to the sheriff or other officer authorized
to execute writs in the county in which such paying, disbursing or
auditing officer may be found and the sheriff or other officer to whom
the writ is directed shall serve a true copy thereof upon such paying,
disbursing or auditing officer named therein, which shall have the effect
of attaching any and all salary, wages, fees or earnings of the judgment
debtor, which are not made exempt by virtue of the exemption statutes of
this state and are not in excess of the amount due on the judgment and
costs, then due and payable, from the date of the writ to the return day
thereof.
2. The paying, disbursing or auditing officer charged with the duty of
payment or audit of the salary, wages, fees or earnings of the judgment
debtor shall deliver to the sheriff or officer serving the writ the
amount, not to exceed the amount due upon the judgment and costs, of the
salary, wages, fees or earnings of the judgment debtor not made exempt by
virtue of the exemption* statutes of this state, as the same shall become
due to the judgment debtor. The paying, disbursing or auditing officer
shall pay to the judgment debtor the remaining portion of his salary,
wages, fees or earnings, as the same shall become due to the judgment
debtor. The sheriff, or officer serving the writ, shall provide to the
paying, disbursing or auditing officer along with the writ sufficient
information to compute the amount which shall be delivered to the sheriff
or officer serving the writ. Neither the state, municipal corporation or
other political subdivision of the state, nor the paying, disbursing or
auditing officer shall be liable for the payment of any amount above the
amount delivered to the sheriff or officer serving the writ if the
computation of the amount delivered is in accordance with the information
provided with the writ.
3. The sheriff or officer serving such writ shall endorse thereon the day
and date he received the same, and upon receiving any amount in
connection with the writ, shall issue his receipt to such paying,
disbursing or auditing officer therefor. All amounts delivered to the
sheriff, or officer serving said writ, in connection with the writ, or so
much thereof as shall be necessary therefor, shall be applied to the
payment of the judgment debt, interest and costs in the same manner as in
the case of garnishment under execution. The sheriff or other officer
serving the writ shall make his return to the writ showing the manner of
serving the same, and he shall be allowed the same fees therefor as
provided for levy of execution, and the writ shall be returnable in the
same manner as the execution issued out of the court in which the
judgment was rendered. Nothing in this section shall deprive the judgment
debtor of any exemptions to which he may be entitled under the exemption
laws of this state, and the same may be claimed by him to the sheriff or
other officer serving the writ at any time on or before the return day of
the writ in the manner provided under the exemption laws of this state.
It shall be the duty of such sheriff or other officer serving the writ,
at the time of the service thereof, to apprise the judgment debtor of his
exemption rights, either in person or by registered letter directed to
the judgment debtor to his last known address. (L. 1943 p. 400 § 1315(a),
A.L. 1978 H.B. 1634, A.L. 1987 H.B. 517, A.L. 1989 S.B. 127, et al.)
*Word "exception" appears in original rolls.
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