525.310. Compensation of state and municipal employees subject to writ of sequestration.
Compensation of state and municipal employees subject to writ ofsequestration.
525.310. 1. When a judgment has been rendered against anofficer, appointee or employee of the state of Missouri, or anymunicipal corporation or other political subdivision of thestate, the judgment creditor, or his attorney or agent, may filein the office of the clerk of the court before whom the judgmentwas rendered, an application setting forth such facts, and thatthe judgment debtor is employed by the state, or a municipalcorporation or other political subdivision of the state, with thename of the department of state or the municipal corporation orother political subdivision of the state which employs thejudgment debtor, and the name of the treasurer, or the name andtitle of the paying, disbursing or auditing officer of the state,municipal corporation or other political subdivision of thestate, charged with the duty of payment or audit of such salary,wages, fees or earnings of such employee, and upon the filing ofsuch application the clerk shall issue a writ of sequestrationdirected to the sheriff or other officer authorized to executewrits in the county in which such paying, disbursing or auditingofficer may be found and the sheriff or other officer to whom thewrit is directed shall serve a true copy thereof upon suchpaying, disbursing or auditing officer named therein, which shallhave the effect of attaching any and all salary, wages, fees orearnings of the judgment debtor, which are not made exempt byvirtue of the exemption statutes of this state and are not inexcess of the amount due on the judgment and costs, then due andpayable, from the date of the writ to the return day thereof.
2. The paying, disbursing or auditing officer charged withthe duty of payment or audit of the salary, wages, fees orearnings of the judgment debtor shall deliver to the sheriff orofficer serving the writ the amount, not to exceed the amount dueupon the judgment and costs, of the salary, wages, fees orearnings of the judgment debtor not made exempt by virtue of theexemption* statutes of this state, as the same shall become due tothe judgment debtor. The paying, disbursing or auditing officershall pay to the judgment debtor the remaining portion of hissalary, wages, fees or earnings, as the same shall become due tothe judgment debtor. The sheriff, or officer serving the writ,shall provide to the paying, disbursing or auditing officer alongwith the writ sufficient information to compute the amount whichshall be delivered to the sheriff or officer serving the writ.Neither the state, municipal corporation or other politicalsubdivision of the state, nor the paying, disbursing or auditingofficer shall be liable for the payment of any amount above theamount delivered to the sheriff or officer serving the writ ifthe computation of the amount delivered is in accordance with theinformation provided with the writ.
3. The sheriff or officer serving such writ shall endorsethereon the day and date he received the same, and upon receivingany amount in connection with the writ, shall issue his receiptto such paying, disbursing or auditing officer therefor. Allamounts delivered to the sheriff, or officer serving said writ,in connection with the writ, or so much thereof as shall benecessary therefor, shall be applied to the payment of thejudgment debt, interest and costs in the same manner as in thecase of garnishment under execution. The sheriff or otherofficer serving the writ shall make his return to the writshowing the manner of serving the same, and he shall be allowedthe same fees therefor as provided for levy of execution, and thewrit shall be returnable in the same manner as the executionissued out of the court in which the judgment was rendered.Nothing in this section shall deprive the judgment debtor of anyexemptions to which he may be entitled under the exemption lawsof this state, and the same may be claimed by him to the sheriffor other officer serving the writ at any time on or before thereturn day of the writ in the manner provided under the exemptionlaws of this state. It shall be the duty of such sheriff orother officer serving the writ, at the time of the servicethereof, to apprise the judgment debtor of his exemption rights,either in person or by registered letter directed to the judgmentdebtor 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.