State Garnishment Laws: Mississippi, Missouri, and Montana

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Mississippi, Missouri, and Montana.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

Mississippi Procedural Requirements

On the suggestion in writing by the plaintiff in a judgment or decree in any
court upon which an execution may be issued, that any person, either natural or
artificial, including the Statutee, any county, municipality, school district,
board or other political subdivision thereof, is indebted to the defendant
therein, or has effects or property of the defendant in his, her or its
possession, or knows of some other person who is indebted to the defendant, or
who has effects or property of the defendant in his, her or its possession, it
shall be the duty of the clerk of such court to issue a writ of garnishment,
directed to the sheriff or proper officer, commanding him to summons such person
as garnishee to appear at the term of court to which the writs of garnishment
may be returnable, to answer accordingly. Miss. Code Ann. _ 11-35-1.

A writ of garnishment shall be served as a summons is required by law to be
executed; but if the garnishee be not personally served, and make default,
judgment nisi shall be rendered against him, and a scire facias awarded,
returnable to the next term, unless the court be satisfied that the garnishee
can be personally served at once, in which case it may be returnable instanter.
Miss. Code Ann. _ 11-35-9 [1].

Except for wages, salary or other compensation, all property in the hands of
the garnishee belonging to the defendant at the time of the service of the writ
of garnishment shall be bound by and subject to the lien of the judgment, decree
or attachment on which the writ shall have been issued. Any indebtedness of the
garnishee to the defendant, except for wages, salary or other compensation,
shall be bound from the time of the service of the writ of garnishment, and be
appropriable to the satisfaction of the judgment or decree. Miss. Code Ann. _
11-35-23.

The garnishee shall be allowed for his attendance, out of the debts or
effects in his possession, or against the plaintiff in case there be no debts or
effects in his possession, provided he shall put in his answer within the time
prescribed by law, the pay and mileage of a juror, and, in exceptional cases
rendering it proper, the court may allow the garnishee reasonable compensation
additional to the foregoing and to be obtained in the same way. Miss. Code Ann.
_ 11-35-61.

Interest Rate at which Judgments Accrue All judgments or
decrees founded on any sale or contract shall bear interest at the same rate as
the contract evidencing the debt on which the judgment or decree was rendered.
All other judgments or decrees shall bear interest at a per annum rate set by
the judge hearing the complaint from a date determined by such judge to be fair
but in no event prior to the filing of the complaint. Miss. Code Ann. _ 75177.
Applicable Forms Writ of Garnishment, Miss. Code Ann. _ 11-35-5. (Special rules
apply to garnishment of judgments against a public officer or employee.)

Missouri Procedural Requirements

The party in whose favor any judgment or decree is rendered, may have an
execution in conformity therewith. Mo. Ann. Statute. _ 513.015. 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 to summon
garnishees. Mo. Ann. Statute. _ 525.020. Mo. R. Civil. P. 90.03.

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. If such designated
person is not available or if such designation is not filed, then such notice
may be served upon the president, secretary, treasurer, cashier or other chief
or managing officer. Mo. Ann. Statute. _ 525.050.

Notice of garnishment shall have the effect of attaching all personal
property, money, rights, credits, bonds, bills, notes, drafts, checks or other
chooses 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. Mo. Ann. Statute. _
525.040. Mo. R. Civil. P. 90.06.

Prior to the issuance of the summons of garnishment, the garnisher shall file
written interrogatories asking the garnishee to Statutee the property subject to
garnishment in the possession, charge or control of the garnishee. The
interrogatories shall be served simultaneously with the summons of garnishment.
Mo. R. Civil. P. 90.13.

If by answer, not excepted or denied, it appears that the garnishee has
property subject to garnishment, the court shall allow the garnishee a
reasonable amount for the trouble and expense of answering, including attorney’s
fees, to be paid out of the funds or proceeds of the property subject to
garnishment. If a garnisher does not recover judgment against the garnishee, all
of the costs attending such garnishment shall be taxed against the garnisher.
Mo. R. Civil. P. 90.18. Mo. Ann. Statute. __ 525.230, 240. [1]

Note: The notice of garnishment shall contain the social security number,
when available, of the judgment debtor. Mo. Ann. Statute. _ 525.233.

Interest Rate at which Judgments Accrue Interest shall be
allowed on all money due upon any judgment or order of any court from the day of
rendering the same until satisfaction be made by payment, accord or sale of
property; all such judgments and orders for money upon contracts bearing more
than nine percent interest shall bear the same interest borne by such contracts,
and all other judgments and orders shall bear nine percent per annum. In tort
actions, if a claimant has made a demand for payment of a claim or an offer of
settlement of a claim, to the parties and the amount of the judgment or order
exceeds the demand or offer, prejudgment interest shall be calculated from a
date sixty days after the demand or offer or from the date the demand or offer
was rejected without counter offer, whichever is earlier. Mo. Ann. Statute. _
408.040.

Applicable Forms Interrogatories to Garnishee, Mo. R. Civil. P., Form 13. 1
The court shall make the garnishee a reasonable allowance for his trouble and
expenses in answering the interrogatories, to be paid out of the funds or
proceeds of the property or effects confessed in his hands. The court also show
allow the garnishee in addition to the reasonable allowance, to claim a fee
consisting of the greater of eight dollars or two percent of the amount required
to be deducted by any court ordered garnishment for the trouble and expenses in
administering the notice of garnishment. Mo. Ann. Statute. _ 525.230.

Montana Procedural Requirements

After the issuing or return of an execution against property of the judgment
debtor or upon proof, by affidavit or otherwise, to the satisfaction of the
judge that any person or corporation has property of such judgment debtor or is
indebted to him in an amount exceeding $50, the judge may, by an order, require
such person or corporation or any officer or member thereof to appear at a
specified time and place before him or a referee appointed by him and answer
concerning the same. Mont. Code Ann. _ 25-14-103.

If it appear that a person or corporation alleged to have property of the
judgment debtor or to be indebted to him claims an interest in the property
adverse to him or denies the debt, the court or judge may authorize, by an order
made to that effect, the judgment creditor to institute an action against such
person or corporation for the recovery of such interest or debt. The court or
judge may, by order, forbid a transfer or other disposition of such interest or
debt until an action can be commenced and prosecuted to judgment. Mont. Code
Ann. _ 25-14-104.

The judge or referee may order any property of a judgment debtor, not exempt
from execution, in the hands of such debtor or any other person or due to the
judgment debtor, to be applied toward the satisfaction of the judgment. Mont.
Code Ann. _ 25-14-107.

Interest Rate at which Judgments Accrue The clerk must
include in the judgment entered up by him any interest on the verdict or
decision of the court, from the time it was rendered or made. Mont. Code Ann. _
25-9-204. Interest is payable on judgments recovered in the courts of Montana at
the rate of ten percent per annum and no greater rate. Such interest must not be
compounded in any manner or form. Interest on a judgment involving a contractual
obligation that specifies an interest rate must be paid at the rate specified in
the contractual obligation. Mont. Code Ann. _ 25-9-205.

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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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