525.270. Claimants of debts assigned, or property sold, may be made parties, how--notice, how given--trial. - Missouri Statutes

Claimants of debts assigned, or property sold, may be made parties,how--notice, how given--trial.

525.270. 1. If the garnishee disclose in his answer, anddeclare his belief, that the debt owing by him to the defendant,or the supposed property of the defendant in his hands, has beensold or assigned to a third person, and the plaintiff contests ordisputes the existence, force or validity of such sale orassignment, the court shall make an order upon the supposedvendee or assignee, to appear at a designated time and sustainhis claim to the property or debt.

2. A copy of such order shall be served upon him, as in thecase of a summons, if he can be found; if not, it shall bepublished once a week, for three consecutive weeks, in somenewspaper published in or nearest the county in which the actionis pending, which shall be equivalent to service. If the partyso notified fail to appear as required, the garnishee's avermentof such sale or assignment shall be disregarded; but if heappear, and, in writing, filed in the cause and verified byaffidavit, claim under such sale or assignment, a trial of hisright shall be had, without unnecessary delay, upon an issue madethereon; and if the same be determined in his favor, thegarnishee shall, as to the property or debt in question, bedischarged.

(RSMo 1939 § 1586)

Prior revisions: 1929 § 1422; 1919 § 1872; 1909 § 2439