Summary
In Missouri, to garnish a bank account, obtain a writ of garnishment from the court, serve it to the bank, and wait for their response within 10 weekdays. If the bank doesnt respond, follow up or file a motion for contempt. For garnishing wages, serve the employer with the writ and pay applicable fees. Ensure to pay service and clerk fees in the originating county and any additional fees in the county where the employer is located.Full Conversation
Yes I do have the judgement.
Lesa, since you already have a judgment against your ex-tenant, you can proceed with garnishing their bank account. Here are some steps you can follow in Missouri:
- Obtain a Writ of Garnishment from the court that issued your judgment.
- Serve the writ to the bank where the tenant holds an account.
- The bank will then withhold funds and report back to the court.
Would you like more detailed information on how to serve the writ to the bank?
After a couple of attempts/corrections to the completion of the forms, I finally got a Garnishment Application and Order served, signed , and accepted by the bank. This is the most recent entry on Casenet confirming service: "Cert of Mail Notc of Exempt
Garnishment Returned Served
Document ID - *-GARN-*; Served To - COMMERCE BANK; Server - SCHOENHUT, STEVEN C.; Served Date - *-OCT-*; Served Time - *:*:*; Service Type - Civil Process Server; Reason Description - Served; Service Text - BY SERVING LOGAN PENDLETON-PERSONAL BANKER".
It sounds like you've successfully served the Garnishment Application and Order. The next steps typically involve waiting for the bank to respond with the amount of funds they’ve withheld.
Would you like guidance on what to do if the bank does not respond or if the funds are insufficient?
What does, "Cert of Mail Notc of Exempt Garnishment Returned Serviced" mean?
"Cert of Mail Notc of Exempt Garnishment Returned Serviced" generally means:
- Certificate of Mail: Proof that a document was mailed.
- Notice of Exempt Garnishment: Notification about garnishment that may have exemptions.
- Returned Serviced: Confirmation that the notice was successfully served.
Would you like more details on garnishment exemptions or the next steps?
So that DOESN'T mean that he is trying to claim that money as money that can't be garnished. CORRECT?
It sounds like you're concerned about whether your ex-tenant is attempting to claim exemptions to prevent garnishment.
In Missouri, certain funds may be exempt from garnishment, such as Social Security benefits or retirement income. However, the document you mentioned does not necessarily indicate an exemption claim by the ex-tenant. It mainly confirms the notice was served.
Would you like more information on garnishment exemptions?
I would like guidance on what to do if the bank does not respond or if the funds are insufficient?
If the bank does not respond or if the funds are insufficient, you can:
*. File a Motion for Contempt: Request the court to hold the bank in contempt for not complying.
*. Request a Debtor's Examination: Have your ex-tenant appear in court to disclose their assets.
*. Issue Another Garnishment: Target other accounts or sources of income.
Would you like more details on any of these steps?
How many days does the bank have to return the Interrogatories? And how long before I start seeing money being paid? Will they take it out of his account all at once, or how does that work?
In Missouri:
- The bank typically has 10 days to respond to the Interrogatories after being served.
- It varies when you will start seeing money, but it usually takes a few weeks.
- The bank may withhold the total amount available and report it, but distribution depends on the court order.
Would you like more details on the garnishment process or next steps?
If the bank doesn't respond in 10 days, do I follow up to them with a call or what? The bank was served on */*, and it's */* today. That's 14 days. Or do you only count weekdays?
In Missouri, the *-day period for the bank to respond to garnishment typically counts weekdays (excluding weekends and public holidays). If no response has been received, you should follow up:
- Contact the bank to inquire about the status.
- Consider filing a Motion for Contempt with the court.
Would you like more information on filing a Motion for Contempt?
And, yes, I would like more details on the garnishment process and my next steps. Also, I Would you like more information on filing a Motion for Contempt?
Here are the details you requested:
Garnishment Process in Missouri:
-
Obtain a Writ of Garnishment: This is a court order allowing you to garnish the debtor's bank account.
-
Serve the Writ to the Bank: The bank is required to withhold funds from the debtor’s account.
-
Bank's Response: The bank must answer the garnishment interrogatories within 10 days (weekdays, excluding holidays).
-
Funds Withheld: The bank will report the amount withheld to the court, and you will receive the funds according to the court order.
Filing a Motion for Contempt:
*. Draft the Motion: Include details of the bank’s failure to respond.
*. File with the Court: Submit the motion to the court where the judgment was issued.
*. Notify the Bank: Serve the bank with the motion and hearing notice.
*. Attend the Hearing: Present your case to the judge.
Would you like more detailed steps on drafting and filing the Motion for Contempt?
Yes please
Here are detailed steps to draft and file a Motion for Contempt in Missouri:
Drafting the Motion:
*.
Title: "Motion for Contempt"
*.
Details: Include the case number, court name, and parties involved.
*.
Statement: Clearly state that the bank has failed to respond to the garnishment interrogatories.
*.
Evidence: Attach proof of service and any communications with the bank.
*.
Request: Ask the court to hold the bank in contempt and enforce compliance.
Filing the Motion:
*. Prepare Documents: Ensure all documents are complete and organized.
*. Submit to Court: File the motion in the court where the judgment was issued.
*. Serve the Bank: Deliver a copy of the motion and a notice of the hearing to the bank.
*. Attend Hearing: Be prepared to present your case and any evidence to the judge.
Would you like assistance with any specific part of this process?
So I can serve the bank on this service? It doesn't HAVE TO be served by a private process server or sheriff?
In Missouri, service of the garnishment documents typically must be done by a sheriff, a private process server, or by certified mail. Since your document was served by a civil process server, it seems you're already in compliance.
Would you like more information on any specific part of the garnishment process?
I am also filing a Garnishment on his employer. (I'm at the 2nd attempt due to employer change of address). The employer is located in a different county. I have called to confirm their service fee is $* and $*.* milage, totalling $*.* fee
To file a garnishment on your ex-tenant's employer in a different county in Missouri:
- Obtain a Writ of Garnishment: From the court that issued your judgment.
- Serve the Employer: Pay the service fee of $* and mileage fee of $*.*.
- Employer's Response: They must withhold funds from your ex-tenant's wages and report back to the court.
Would you like more details on serving the employer or the garnishment timeline?
So, I file it at the county this has all been happening in (Jackson county), and give them (Jackson) the $*.* for the other country (Johnson), along with the forms, but do I still have to pay Jackson county their $*.* service fee, and their $*.* clerk fee?
Yes, Lesa, you will need to pay Jackson County their $*.* service fee and the $*.* clerk fee, in addition to the $*.* fee for Johnson County.
Do you need more details on the garnishment process or any specific steps?
So I need * money orders, or does it need to be divided differently?
You can provide two separate money orders:
*. One for Jackson County: $*.* (includes $*.* service fee and $*.* clerk fee).
*. One for Johnson County: $*.* (includes $*.* service fee and $*.* mileage fee).
Do you need help with any other part of the garnishment process?
How do I save our conversation above so I can pull it back up to reference it later? Olis there a way to do that? Or do I have to do screenshots of it all?
You can take screenshots of our conversation, or if you prefer, you can copy and paste the text into a document for future reference. Unfortunately, I don't have a built-in feature to save the chat for later retrieval.
Would you like more help with your garnishment process?
No, I think you've educated me on this next step of this process. Tyvm
You're welcome, Lesa! I'm glad I could help. If you have any more questions in the future, feel free to reach out. Best of luck with your garnishment process!
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