Mo. Rev. Stat. » Chapter 525
Missouri Revised Statutes

Mo. Rev. Stat. § 525.170 (2026)

Judgment by default, how rendered final

✓ current as of May 2026
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  525.170.  Judgment by default, how rendered final — extent and effect of against garnishee. — Such judgment by default may be proceeded on to final judgment, in like manner as in case of defendants in other civil actions; but no final judgment shall be rendered against the garnishee until there shall be final judgment against the defendant, and in no case for a greater amount than the amount sworn to by the plaintiff, with interest and costs, or for a greater amount than the garnishee shall appear to be liable for to the defendant.

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(RSMo 1939 § 1576)

Prior revisions: 1929 § 1412; 1919 § 1862; 1909 § 2429

Notes of Decisions
Cited in 6 cases, 1955–2010 · leading case: Lorenzini v. Short, 312 S.W.3d 467 (Mo. Ct. App. 2010).
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Lorenzini v. Short, 312 S.W.3d 467 (Mo. Ct. App. 2010). · cites it 12× “1987); see also section 525.170. Therefore, the trial court did not err in entering a default judgment in favor of Plaintiffs which awarded them $475.”
Butler v. Physicians Plan. Serv. Corp., 724 S.W.2d 334 (Mo. Ct. App. 1987). · cites it 13× “” § 525.170 RSMo 1986 (our emphasis). Both Chapter 525 and Rule 90 describe the procedures to be followed when interrogatories are answered and a trial is held.”
Beatty v. Conner, 923 S.W.2d 455 (Mo. Ct. App. 1996). · cites it 3× “140, RSMo 1994, states in part, “[i]n default of such answer [to interrogatories], the plaintiff may take judgment by default against him _” Section 525.170, RSMo 1994, goes on to say: [s]uch judgment by default may be proceeded on to final judgment, in like manner as in case of…”
Nw. Prof'l Condo. Ass'n v. Tshiswaka Kayembe, 190 S.W.3d 447 (Mo. Ct. App. 2006). · cites it 26× “We analyzed the statutes and rules governing garnishment procedures, specifically Section 525.170, RSMo 1986, and former Rule 90.”
Flynn v. First Nat'l Safe Deposit Co., 284 S.W.2d 593 (Mo. 1955). · cites it 3× “2d 111 , yet the nature of the proceeding is such as to require that the issues made up by the pleadings “shall be tried as ordinary issues between plaintiff and defendant.”
Nw. Prof'l Condo. Ass'n v. Kayembe, 190 S.W.3d 447 (Mo. Ct. App. 2006). · cites it 26× “We analyzed the statutes and rules governing garnishment procedures, specifically Section 525.170, RSMo 1986, and former Rule 90.”
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