525.130. Plaintiff may exhibit interrogatories against garnishees — interrogatories, when filed. — The plaintiff may exhibit in the cause written interrogatories touching the property, effects and credits attached in the hands of any garnishee, and require such garnishee to make full, direct and true answers to the same, upon oath; which interrogatories shall be filed at the return term of the writ, and within the first three days thereof, if the term shall so long continue, and if not, then before the end of the term, and not afterward, unless for good cause shown the court shall order otherwise.
Notes of Decisions
State Ex Rel. Bagnell Inv. Co. v. Luten, 647 S.W.2d 539 (Mo. 1983).
· cites it 4× “Plaintiffs’ initial interrogatories, authorized by § 525.130 and Rule 90.13, were belatedly answered 1 by relator in which it denied any indebtedness to defendants or that it held any property owed by them.”
Landmark Bank of Ladue v. Gen. Grocer Co., 680 S.W.2d 949 (Mo. Ct. App. 1984).
“This effectively denied the garnishor any opportunity to inquire into the garnishee’s status as a debtor of the defendant as permitted under RSMo § 525.130 (1969). The court of appeals reversed holding where the garnishor had a statutory right to file interrogatories to the…”
Smith v. Bennett, 472 S.W.2d 623 (Mo. Ct. App. 1971).
· cites it 3× “13 contemplates service of the interrogatories upon garnishee on or after the date of their filing 7 (whereas su *630 perseded §§ 525.130 and 525.140 contained no mention of or reference to service) and requires garnishee to answer "within ten days after service.”
Fulkerson v. Laird, 421 S.W.2d 523 (Mo. Ct. App. 1967).
“13; §§ 525.130 and 525.140]; that thereafter, to wit, on September 3, 1964, an interlocutory order was made by and in the Circuit Court of Howell County directing garnishee to pay $613.”
Squire's Shop, Inc. v. Boehlow, 482 S.W.2d 738 (Mo. Ct. App. 1972).
· cites it 2× “§ 525.130 RSMo 1969 V.A.M.S. The return date of this Writ was June 22, 1971.”
Clarkin v. Worthley, 114 F. Supp. 877 (W.D. Mo. 1953).
· cites it 2× “” And then Section 525.130 permits interrogatories and the succeeding section allows the filing of an answer by the garnishee.”
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