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

Mo. Rev. Stat. § 525.190 (2026)

Denial of garnishee to answer, how

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  525.190.  Denial of garnishee to answer, how — replication — issues tried, how. — The plaintiff may deny the answer of the garnishee, in whole or in part, without oath.  In all cases where the answer of the garnishee is denied, the denial shall contain, specially, the grounds upon which a recovery is sought against the garnishee; and the garnishee shall be entitled to a reply, and the issue or issues made up on the denial and reply shall be the sole issue or issues tried, and the issue or issues shall be tried as ordinary issues between plaintiff and defendant.

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(RSMo 1939 § 1578)

Prior revisions: 1929 § 1414; 1919 § 1864; 1909 § 2431

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1955–2021 · leading case: Monroe v. Roedder, 253 F.R.D. 466 (E.D. Mo. 2008).
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Monroe v. Roedder, 253 F.R.D. 466 (E.D. Mo. 2008). · cites it 8× “10(b); Mo.Rev.Stat. § 525.190. 2 The garnishee’s reply or response to the garnishor’s objections or exceptions is the pleading which is the functional equivalent of an answer or summary judgment motion for the purposes of Federal Rule of Civil Procedure 41(a)(1)(A)(i).”
State Ex Rel. Bagnell Inv. Co. v. Luten, 647 S.W.2d 539 (Mo. 1983). · cites it 2× “Section 525.190; Rule 90.13(c); Rees v. Peck-King Mortgage Co.”
Flynn v. First Nat'l Safe Deposit Co., 284 S.W.2d 593 (Mo. 1955). · cites it 3× “” Section 525.190 RSMo 1949, V.A.M.S. Not only is the- judgment in a garnishment proceeding a “final judgment” in that it finally disposes of all the issues and parties, but when that judgment is in favor of the party seeking to enforce his judgment by way of garnishment, it is…”
Miller v. North Am. Ins. Co., 195 S.W.3d 529 (Mo. Ct. App. 2006). · cites it 2× “Section 525.190. “If the answer of the garnishee be not excepted to nor denied in proper time, it shall be taken as to be true and sufficient.”
Young v. Ray Am., Inc., 673 S.W.2d 74 (Mo. Ct. App. 1984). “13(e) and § 525.190, 1 the issue or issues to be tried in a garnishment proceeding are only those raised in the denial (the exceptions) and the reply (the response).”
Landmark Bank of Ladue v. Gen. Grocer Co., 680 S.W.2d 949 (Mo. Ct. App. 1984). “The issues in a garnishment are normally established by the garnishor’s denial of the garnishee’s interrogatory answers and the latter’s reply or response.”
Hayes v. Pharmacists Mut. Ins., 276 F. Supp. 2d 985 (W.D. Mo. 2003). · cites it 2× “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.”
State ex rel. Bd. of Regents of Sw. Missouri State Univ. v. Bonacker, 765 S.W.2d 341 (Mo. Ct. App. 1989). · cites it 3× “Section 525.190, RSMo 1986, authorizes a plaintiff to deny the answer of a garnishee.”
Cent. Missouri Paving Co. v. Kraft, 678 S.W.2d 420 (Mo. Ct. App. 1984). · cites it 3× “” Section 525.190 RSMo 1949, V.A.M.S. Not only is the judgment in a garnishment proceeding a “final judgment” in that it finally disposes of all the issues and parties, but when that judgment is in favor of the party seeking to enforce his judgment by way of garnishment, it is…”
Aly v. Hanzada for Imp. & Exp. Co., LTD (W.D. Mo. 2019). · cites it 2× “10(b); Mo. Rev. Stat. § 525.190 . payments garnishable.”
Aly v. Hanzada for Imp. & Exp. Co., LTD (W.D. Mo. 2019). · cites it 2× “10(b); Mo. Rev. Stat. § 525.190 . Hanzada, it was not expecting the payments and was unsure why Hanzada made them.”
Penguin Props., LLC v. King David Fashions, LLC & David Hughes, & Transwood, Inc. (Mo. Ct. App. 2021). “10(b) and § 525.190. 5 Transwood’s motion for summary judgment was actually jointly filed with Roberts Perryman, which asserted additional arguments for granting summary judgment in its favor.”
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