525.080. Garnishee to deliver property, or pay debts, or may give bond therefor.
Garnishee to deliver property, or pay debts, or may give bondtherefor.
525.080. 1. If it appear that a garnishee, at or after his or hergarnishment, was possessed of any property of the defendant, or wasindebted to him, the court, or judge in vacation, may order the delivery ofsuch property, or the payment of the amount owing by the garnishee, to thesheriff or into court, at such time as the court may direct; or may permitthe garnishee to retain the same, upon his or her executing a bond to theplaintiff, with security, approved by the court, to the effect that theproperty shall be forthcoming, or the amount paid, as the court may direct.Upon a breach of the obligation of such bond, the plaintiff may proceedagainst the obligors therein, in the manner prescribed in the case of adelivery bond given to the sheriff.
2. Notwithstanding subsection 1 of this section, when property isprotected from garnishment by state or federal law including but notlimited to federal restrictions on the garnishment of earnings in Title 15,U.S.C. Sections 1671 to 1677 and Old Age, Survivors and DisabilityInsurance benefits as provided in Title 42, U.S.C. Section 407, suchproperty need not be delivered to the court by the garnishee to the extentsuch protection or preemption is applicable.
(RSMo 1939 § 1567, A.L. 2000 S.B. 896)Prior revisions: 1929 § 1403; 1919 § 1853; 1909 § 2420