525.020. Garnishees summoned, how. — 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, his agent or attorney, to summon garnishees, and with like effect as in case of an original attachment. The service of garnishment in such case, and the subsequent proceedings against and in behalf of the garnishee, shall be the same as in the case of garnishment under an attachment.
Notes of Decisions
Federated Mortg. & Inv. Co. v. Jones, 798 S.W.2d 719 (Mo. 1990).
· cites it 6× “The statutory action of a landlord for rent and possession (now section 525.020, RSMo) is over 100 years old.”
Finberg v. Sullivan, 634 F.2d 50 (3d Cir. 1980).
“Mo.Rev.Stat. §§ 525.020, 521.170. The statute allows third party claimants to assert their claims, which must be tried before judgment is entered against the garnishee.”
Fulkerson v. Laird, 421 S.W.2d 523 (Mo. Ct. App. 1967).
“02; § 525.020], directed garnishee Foster to be and appear before the Circuit Court of Howell County "on the 20th day of April 1964,” the first day of the next statutory *525 term of that court [§ 478.”
Barnes v. Hilton, 323 S.W.2d 831 (Mo. Ct. App. 1959).
· cites it 2× “2d 421, 422 , the Supreme Court said: “This because garnishment is purely a statutory proceeding, and under Section S2S.”
Winterimann v. St. Louis Union Trust Co., 424 S.W.2d 94 (Mo. Ct. App. 1968).
· cites it 2× “030 says that certain public officers, and executors prior to being ordered to distribute, shall not be liable to be summoned as garnishees. Consider §§ 525.010 and 525.030 together: the former makes all debtors subject to garnishment, the latter exempts certain of them.”
Velma L. Mitchell v. J&M Sec., LLC, 590 S.W.3d 853 (Mo. Ct. App. 2019).
· cites it 2× “010 (regarding who may be summoned as a garnishee) and Section 525.020 (regarding how garnishees may be summoned) and assert that these statutes forbid a non-attorney from filing a request for garnishment on behalf of an LLC.”
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