525.140. Garnishee shall file answer — failing, judgment by default. — Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unless for good cause shown the court shall order otherwise. In default of such answer, the plaintiff may take judgment by default against him, or the court may, upon motion, compel him to answer by attachment of his body; provided, in all cases where the garnishee is a corporation and fails to answer as above provided, the court may, upon motion, compel said corporation to answer by attaching the body of the president, secretary, treasurer, auditor, paymaster or deputy paymaster of such corporation, in which case the said corporation shall be liable for all the costs accruing by reason of such attachment.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1952–2022 · leading case:
Lorenzini v. Short, 312 S.W.3d 467 (Mo. Ct. App. 2010).
Lorenzini v. Short, 312 S.W.3d 467 (Mo. Ct. App. 2010).
· cites it 14× “Section 525.140 RSMo 2000 Permitted Plaintiffs to File a Motion for Default Judgment when Employer Failed to File a Timely Answer to Interrogatories Section 525.”
Beatty v. Conner, 923 S.W.2d 455 (Mo. Ct. App. 1996).
· cites it 4× “Section 525.140, RSMo 1994, states in part, “[i]n default of such answer [to interrogatories], the plaintiff may take judgment by default against him _” Section 525.”
Butler v. Physicians Plan. Serv. Corp., 724 S.W.2d 334 (Mo. Ct. App. 1987).
· cites it 4× “” § 525.140 RSMo 1986. Where the garnishee is a corporation the attachment applies to named officers.”
Smith v. Bennett, 472 S.W.2d 623 (Mo. Ct. App. 1971).
· cites it 4× “So assuming, when would garnishee Allstate (if there had been valid service of process upon it) have been required to answer those interrogatories? Plaintiffs’ attorney may have directed the trial court to § 525.140 5 for information and guidance on that subject 6 since the…”
Hilke v. Bank of Washington, 251 S.W.2d 963 (Mo. Ct. App. 1952).
· cites it 3× “Section 525.140 RSMo 1949, V.A.M.S. And the second course was to confess any indebtedness to Hilke and pay the amount of its indebtedness into court.”
Hayes v. Pharmacists Mut. Ins., 276 F. Supp. 2d 985 (W.D. Mo. 2003).
· cites it 2× “08; see also, Mo. Rev.Stat. § 525.140. Section 525.190 of the Revised Missouri Statutes provides this summary of the procedure: The plaintiff may deny the answer of the garnishee, in whole or in part, without oath.”
Adam v. Lawhon, 763 S.W.2d 380 (Mo. Ct. App. 1989).
“See §§ 525.140 to 525.310, RSMo 1986. Since there is no final disposition of the case, any attempt to appeal is premature.”
Nw. Prof'l Condo. Ass'n v. Kayembe, 190 S.W.3d 447 (Mo. Ct. App. 2006).
· cites it 13× “Garnishor contends that the rationale in Butler can no longer be followed because Rule 90.”
Rice v. Interfood, Inc. (E.D. Mo. 2022).
“Mo § 525.140 provides: Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unless for good cause shown the court shall order…”
Rice v. Interfood, Inc. (E.D. Mo. 2022).
“Mo § 525.140 provides: Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unless for good cause shown the court shall order…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.