525.200. What proceedings had, if effects found in hands of garnishee — judgment. — If, upon such trial, it shall appear that property, effects or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value thereof, or what money are in his hands, and unless he discharge himself, as provided in section 525.070, 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 court shall enter up judgment against the garnishee for the proper amount or value as found in money, and execution may issue forthwith to enforce such judgment.
Notes of Decisions
Boyd McGathey v. Matthew K. Davis Trust, 457 S.W.3d 867 (Mo. Ct. App. 2015).
· cites it 14× “10(b) is silent on the subject of bonds in lieu of abiding by pay in orders, section 525.200 8 provides, in pertinent part, that: If, upon such trial, [referring to the trial to resolve exceptions to garnishments anticipated by Rule 90.”
Amy Leigh Sauvain v. Acceptance Indem. Ins. Co., 500 S.W.3d 893 (Mo. Ct. App. 2016).
· cites it 2× “Section 525.200. Accordingly, the only question in a garnishment in aid of execution proceeding is whether the insurer/gamishee furnished coverage under the insurance policy so that a garnishor may garnish that coverage to pay for the underlying judgment already determined in a…”
Dunn v. Bemor Petroleum, 737 S.W.2d 187 (Mo. 1987).
· cites it 2× “— If, by the answer, not excepted to or denied it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the same proceedings may be had to ascertain the value of such property or effects, or amount of such…”
Seiter v. Tinsley, 479 S.W.2d 217 (Mo. Ct. App. 1972).
· cites it 3× “(Section 525.200, RSMo 1969, V.A.M.S.); Chailland v.”
Schlingman v. Reed, 750 S.W.2d 501 (Mo. Ct. App. 1988).
· cites it 2× “This is essentially the same procedure prescribed by § 525.200, RSMo 1986: If, upon such trial, it shall appear that property, effects, or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value…”
Buckner v. W. Life Ins. Co., 382 S.W.2d 12 (Mo. Ct. App. 1964).
· cites it 3× “, 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 525.200, RSMo 1949, V.A.M.S. It is so ordered.”
Franklin Allen v. Atain Specialty Ins. Co. (Mo. Ct. App. 2015).
“§ 525.200. Accordingly, the only question in a Rule 90 garnishment proceeding under this procedural scenario is whether Insurer/Garnishee furnished liability coverage under the insurance policy designed to provide indemnification to Bryers for damages Bryers caused to Allen and…”
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