Missouri Garnishment Process Guidance

Summary

In Missouri, if a garnishment attempt is returned as non-established due to an incorrect address, you generally do not need to cancel it. Instead, notify the court by filing a Notice of Non-Service, detailing the failed service attempt. Each garnishment attempt is treated as a separate legal action, so a new garnishment must be filed with the correct address. Filing a Notice of Non-Service typically does not incur a fee, but its advisable to confirm with your local court. To file the notice, include the courts name, case number, parties names, and details of the failed service. Sign, date, and file it with the court clerk. Proceed with the new garnishment filing and check for any associated court fees.

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I have the judgement, and have gone through all the steps up to garnishment. I have filed the application, have gotten an order for garnishment, and I have gotten it served to his bank. However, I also was also going to serve his employer. I attempted to have it served, but the employer has moved and is in a different country now. I now have the correct address of the employer and I'm aware I have to pay for service in that county and in mine. I called to confirm the other county's service fee. NOW, I was told that the Garnishment attempt that was serviced at the incorrect address, has to be "canceled" ?? If the service was returned as "Garnishment returned non-established" and it was noted "business moved. No longer at this address", does that garnishment # need to be "canceled"? And if so how do I do that? I am filing the new garnishment, with the new address, and paying for both county's service fees, so what info can you give me on what I need to do, if anything, with the first Garnishment attempt that was returned as non-established, &/or what you can tell me about handling the corrected address Garnishment that I'll be taking to the court in Monday. ??
Lesa, you generally do not need to "cancel" a garnishment that was returned as non-established. However, you should notify the court of the service failure and proceed with filing the new garnishment at the correct address.
Would you like information on how to notify the court about the initial garnishment service failure?
Yes please
To notify the court about the initial garnishment service failure, you should:
- File a "Notice of Non-Service" or a similar document with the court.
- Include details regarding the initial service attempt and its failure.
- Proceed with filing the new garnishment at the correct address.
Would you like guidance on completing the "Notice of Non-Service"?
And, why couldn't the new corrected Garnishment just still be attached to the returned non established Garnishment #? Everything is the same except for the employer address.
The reason the new garnishment cannot be attached to the returned non-established garnishment number is due to procedural rules. Each garnishment attempt is treated as a separate legal action, even if the only difference is the employer’s address.
Would you like guidance on how to fill out and file the "Notice of Non-Service" properly?
And does the notice of non service cost to file with the courts, also?
In Missouri, filing a "Notice of Non-Service" typically does not incur a separate fee. However, court fees can vary by county. It's best to check with your local court to confirm if there are any associated costs.
Would you like help with any other part of the garnishment process?
Yes how to fill out a file a notice of non-service properly please
To properly fill out and file a "Notice of Non-Service" in Missouri, follow these steps:
*. Heading:
- Write the court's name at the top.
- Include the case number and the names of both parties.
*. Title:
- Title the document "Notice of Non-Service."
*. Statement:
- Clearly state that the attempt to serve the garnishment was unsuccessful.
- Mention the specific details of the failed service, including the date, the incorrect address, and the reason for non-service (e.g., "business moved, no longer at this address").
*. Signature:
- Sign and date the document.
*. Filing:
- File the notice with the court clerk and keep a copy for your records.
Would you like more details on any specific part of this process?
No. Ty. I think that will help.
It sounds like you have a solid handle on the garnishment process, Lesa. If you encounter any further issues or need more detailed guidance, feel free to ask. Best of luck with your filing!
Ok. Ty
It seems like Lesa has followed the necessary steps but just needs to finalize the process correctly. Here's what she needs to do:
*. Notify the court with a "Notice of Non-Service."
*. File the new garnishment at the correct address.
*. Check for any court fees associated with filing in her specific county.
Good luck with your filing, Lesa!