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

Mo. Rev. Stat. § 525.240 (2026)

Costs adjudged against plaintiff, when

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  525.240.  Costs adjudged against plaintiff, when — allowance to garnishee. — If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged against such plaintiff, and the court shall render judgment in favor of such garnishee, against the plaintiff, for a sum sufficient to indemnify him or her for his or her bona fide time and expenses including actual employee costs, and reasonable attorney's fees, in preparing, attending and answering and defending in subsequent proceedings as garnishee.

­­--------

(RSMo 1939 § 1583, A.L. 2000 S.B. 896)

Prior revisions: 1929 § 1419; 1919 § 1869; 1909 § 2436

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1954–2023 · leading case: Johnston v. Sweany, 68 S.W.3d 398 (Mo. 2002).
Sort: Relevance Newest Treatment
Johnston v. Sweany, 68 S.W.3d 398 (Mo. 2002). · cites it 32× “Section 525.240, RSMo 2000. Additionally, Rule 90.”
Franklin Allen v. Wayne Bryers, Atain Specialty Ins. Co., 512 S.W.3d 17 (Mo. 2016). · cites it 4× “Garnishment “There are two avenues for a judgment creditor to collect money from an insurance company: (1) a traditional garnishment under section 525.240 and Rule 90 or (2) a direct action against the insurer authorized by section 379.”
Capital One Bank v. Edison Credit Union, 299 S.W.3d 662 (Mo. Ct. App. 2009). · cites it 8× “Section 525.240, RSMo 2000, says: If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged against such plaintiff, and the court shall…”
Flynn v. First Nat'l Safe Deposit Co., 284 S.W.2d 593 (Mo. 1955). · cites it 6× “authorized by Section 525.240, RSMo 1949, V.A.M.S., but the judgments entered on September 18, 1953 quashing the writs of ’garnishment made no such allowances.”
Dunn v. Bemor Petroleum, 737 S.W.2d 187 (Mo. 1987). · cites it 4× “18(b) 9 or § 525.240, 10 ; however, a condition precedent to a garnishee recovering his costs and attorney’s fees under either Rule 90.”
Landmark Bank of Ladue v. Gen. Grocer Co., 680 S.W.2d 949 (Mo. Ct. App. 1984). · cites it 3× “Garnishor alleges error on four grounds: (1) garnishee’s motion was untimely; (2) RSMo § 525.240 (1978) does not provide for costs in original proceedings, but only in subsequent proceedings; (3) garnishee was the main litigant and not an innocent stakeholder; and (4) the amount…”
Richard W. Noble v. Linda L. Noble, 456 S.W.3d 120 (Mo. Ct. App. 2015). · cites it 3× “§ 525.240 (emphasis added). Though there is authority for awarding attorney’s fees to a garnishee, we have found no authority providing for attorney’s fees to the judgment debtor (here, Husband) in the garnishment context, and Husband has provided none.”
Olsen v. Siddiqi, 520 S.W.3d 1 (Mo. Ct. App. 2017). · cites it 5× “In this case, Plaintiffs’ Third Garnishment action, like their First Garnishment and Second Garnishment actions, was a traditional garnishment authorized under section 525.240 RSMo Supp. 2001 and Rule 90.”
Max Stovall Constr. Co. v. Villager Homes, Inc., 684 S.W.2d 562 (Mo. Ct. App. 1984). · cites it 5× “Section 525.240, RSMo.1978 provides that if any plaintiff in an attachment action shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged against such plaintiff, and…”
Monroe v. ROEDDER, 583 F. Supp. 2d 1031 (E.D. Mo. 2008). · cites it 3× “90 and Mo. Rev.Stat. § 525.240, and not under Mo.”
Ferneau v. Armour & Co., 303 S.W.2d 161 (Mo. Ct. App. 1957). · cites it 3× “22 for an allowance as garnishee of $450 for attorneys’ fees and $105.”
O'Dell Plumbing, Heating & Cooling, Inc. v. Clayton Greens Nursing Ctr., Inc., 676 S.W.2d 528 (Mo. Ct. App. 1984). · cites it 3× “Section 525.240, RSMo 1978 provides that if a judgment plaintiff causes a garnishee to be summoned but fails to recover judgment against the garnishee, all costs attending the garnishment shall be adjudged against the plaintiff.”
Show all 24 citing cases →
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.