525.040. Effect of notice of garnishment. - Missouri Statutes

Effect of notice of garnishment.

525.040. Notice of garnishment, served as provided insections 525.010 to 525.480 shall have the effect of attachingall personal property, money, rights, credits, bonds, bills,notes, drafts, checks or other choses in action of the defendantin the garnishee's possession or charge, or under his control atthe time of the service of the garnishment, or which may comeinto his possession or charge, or under his control, or be owingby him, between that time and the time of filing his answer; buthe shall not be liable to a judgment in money on account of suchbonds, bills, notes, drafts, checks or other choses in action,unless the same shall have been converted into money since thegarnishment, or he fail, in such time as the court may prescribe,to deliver them into court, or to the sheriff or other persondesignated 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.