Missouri Revised Statutes

Mo. Rev. Stat. § 525.080 (2026)

Garnishee to deliver property, or pay debts, or may give bond therefor

✓ current as of May 2026
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  525.080.  Garnishee to deliver property, or pay debts, or may give bond therefor. — 1.  If it appear that a garnishee, at or after his or her garnishment, was possessed of any property of the defendant, or was indebted to him or her, the court, or judge in vacation, may order the delivery of such property, or the payment of the amount owing by the garnishee, to the sheriff, into court, or to the attorney for the party on whose behalf the order of garnishment was issued, at such time as the court may direct; or may permit the garnishee to retain the same, upon his or her executing a bond to the plaintiff, with security, approved by the court, to the effect that the property shall be forthcoming, or the amount paid, as the court may direct.  Upon a breach of the obligation of such bond, the plaintiff may proceed against the obligors therein, in the manner prescribed in the case of a delivery bond given to the sheriff.

  2.  Notwithstanding subsection 1 of this section, when property is protected from garnishment by state or federal law including but not limited to federal restrictions on the garnishment of earnings in Title 15, U.S.C. Sections 1671 to 1677 and Old Age, Survivors and Disability Insurance benefits as provided in Title 42, U.S.C. Section 407, such property need not be delivered to the court, or to any other person, by the garnishee to the extent such protection or preemption is applicable.

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(RSMo 1939 § 1567, A.L. 2000 S.B. 896, A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)

Prior revisions: 1929 § 1403; 1919 § 1853; 1909 § 2420

Effective 1-15-15

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1964–2021 · leading case: Boyd McGathey v. Matthew K. Davis Trust, 457 S.W.3d 867 (Mo. Ct. App. 2015).
Boyd McGathey v. Matthew K. Davis Trust, 457 S.W.3d 867 (Mo. Ct. App. 2015). · cites it 4× “070, by paying or delivering the same to the sheriff, or unless he shall, with such time as the court shall direct, as provided in section 525.080, pay or deliver up such property, .”
Seiter v. Tinsley, 479 S.W.2d 217 (Mo. Ct. App. 1972). · cites it 3× “(Section 525.080, RSMo 1969, V.A.M.S.). Such an order to pay over is prerequisite to entering a final judgment against the garnishee.”
Schlingman v. Reed, 750 S.W.2d 501 (Mo. Ct. App. 1988). · cites it 2× “070, by paying over or delivering the same to the sheriff, or unless he shall, within such time as the court shall direct, as provided in section 525.080, pay or deliver up such property, effects or money, or shall execute his bond for the payment or delivery thereof, then the…”
Seiter v. Tinsley, 503 S.W.2d 38 (Mo. Ct. App. 1973). · cites it 2× “(§ 525.080, RSMo 1969, V.A.M.S.). 1 When LaSalle had filed its appeal of the circuit court order, it also filed an appeal bond for the amount of the judgment with Aetna as surety on the bond.”
City of St. Louis v. Kiely, 652 S.W.2d 694 (Mo. Ct. App. 1983). · cites it 2× “030 of Ordinance 56788 provides: “... [I]n order to regulate coin-operated amusement device premises and to protect the peace, safety and welfare of the residents of the City of St.”
Penguin Props., LLC v. King David Fashions, LLC & David Hughes, & Transwood, Inc., 628 S.W.3d 210 (Mo. Ct. App. 2021). · cites it 9× “47, plus interest), pursuant to § 525.080, because: (a) Transwood was indebted to Hughes during the period of the Transwood Garnishment (i.”
Buckner v. W. Life Ins. Co., 382 S.W.2d 12 (Mo. Ct. App. 1964). · cites it 3× “82 for the plaintiff’s benefit, as'pfovided *17 by Section 525.080, RSMo 1949, V.A.M.S., and, in the event of the garnishee’s failure to do so, to enter judgment against the garnishee for said amount, as provided by Section 525.”
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