Garnishment Process For Landlords

Summary

In Missouri, landlords can file separate garnishment requests for employers and banks to enforce judgments. Use the same case number as the original judgment. The last day for garnishment can be set to 30, 60, or 90 days, depending on the complexity of the case. Tenants remain liable for lease obligations unless formally removed. Courts require written proof for significant lease changes. Fraudulent backdated documents can be contested with evidence.

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I have a judgement for damages owed me by my previous tenant and am now at the garnishment stage of this process. I sent a certified demand for judgement letter by certified mail with return receipt, and have allowed the 10 days, as stated in the letter, for him to contact or resolve the issue with me. I have gotten no response. So, if I have his employer name and address, and if I have his bank name and location, can I submit a garnishment request to the court for both the employer AND the bank? If I can request garnishment on both can they both be on the same request document, or do they have to be requested on individual documents to the court.

Lesa, in Missouri, you can submit garnishment requests to the court for both the employer and the bank. However, they typically need to be on separate garnishment request documents.
Here's what you need to do:
- File a "Writ of Garnishment" for the employer to garnish wages.
- File a separate "Writ of Garnishment" for the bank to garnish the bank account.
Would you like information on how to file these documents?

Yes please

Garnishment Process in Missouri:
*. Writ of Garnishment for Employer:
- File a "Writ of Garnishment" to garnish wages.
- Include employer's name and address.
*. Writ of Garnishment for Bank:
- File a separate "Writ of Garnishment" to garnish the bank account.
- Include bank's name and location.
Would you like a step-by-step guide on how to prepare and file these documents?

Yes please

Sure, Lesa! Here's a step-by-step guide to prepare and file the Writ of Garnishment documents:

Writ of Garnishment for Employer:
*. Obtain the Form: Download the "Writ of Garnishment" form from the Missouri courts website.
*. Fill Out the Form:
- Include the employer's name and address.
- Provide details of the judgment amount.
*. File the Form:
- Submit the completed form to the court where the judgment was entered.
- Pay any required filing fees.
*. Serve the Employer:
- Ensure the employer is served with the garnishment papers, either by a sheriff or a process server.

Writ of Garnishment for Bank:
*. Obtain the Form: Download the "Writ of Garnishment" form for bank accounts from the Missouri courts website.
*. Fill Out the Form:
- Include the bank's name and location.
- Provide details of the judgment amount.
*. File the Form:
- Submit the completed form to the court where the judgment was entered.
- Pay any required filing fees.
*. Serve the Bank:

Will the writ of garnishments be filed under the same case number as the judgement for money's owed case number or will it be assigned a new case number all it's own?

Lesa, the Writ of Garnishments will generally be filed under the same case number as the judgment for the money owed. This is because the garnishments are a continuation of the enforcement of the original judgment.
Would you like any more details on the filing process?

Sure. Thank you.

Lesa, it's great you're taking steps to enforce the judgment. Here are the additional details on the filing process:
*. Ensure Documentation: Have copies of the judgment and Writ of Garnishment forms.
*. File with the Court Clerk: Submit the completed forms and judgment documentation to the court clerk.
*. Pay Fees: Be prepared to pay any applicable filing fees.
*. Serve the Garnishee: Arrange for the garnishee (employer/bank) to be served the papers, typically through a sheriff or process server.
Would you like information on how to contact the court or a specific detail about serving the garnishee?

Sure

Lesa, here are the details on contacting the court and serving the garnishee:

Missouri Courts

Website: www.courts.mo.gov

~Serving the Garnishee
- Sheriff/Process Server: Contact your local sheriff's office or a certified process server for service of the writs.
Would you like more information on selecting a process server or any other assistance?

If I personally know a sheriff, can he serve both the bank and the employer for me?

Yes, Lesa, if you personally know a sheriff, he can serve both the bank and the employer for you, as long as he is acting in his official capacity. Just ensure that the sheriff follows the proper procedures for serving legal documents.
Do you need any specific details about the service process or any other part of the garnishment procedure?

What "last day" should I use on my garnishment request? *, *, or 90 days? And how is that figured out?

Lesa, typically, the "last day" on a garnishment request refers to the period after which the garnishee (employer or bank) must respond to the garnishment. In Missouri, you can usually set this period as *, *, or 90 days. Here’s how it's figured out:
- * Days: Common for shorter-term garnishments, providing a quick response.
- * Days: Allows more time for the garnishee to respond, often used for more complex cases.
- * Days: Provides the maximum response period, useful for ensuring thorough compliance.
For wage garnishments, a *-day period is often sufficient, but if you anticipate delays or complications, you might opt for * or 90 days.
Would you like more details on selecting the appropriate period based on your specific situation?

Sure

Lesa, here's more detail on selecting the appropriate period for the garnishment request:
- * Days: Ideal for straightforward cases where quick compliance is expected.
- * Days: Suitable if you anticipate moderate delays or need more time for processing.
- * Days: Best for complex or potentially contested garnishments, ensuring ample response time.
Would you like assistance determining which period best fits your situation, or do you have any other questions?

If both tenants remained on the lease, and the husband moved out approximately 2 year prior to the eviction, but never requested in anyway for me (landlord) to be removed from the 11 year long lease, he is still legally liable for the damages listed in the judgement, yes? I just want to make sure that he can't use that "he hadn't live at the residence for 2 years prior to the eviction" as a way to get out of it. He WAS included on the judgement but neither tenant showed for that hearing to offer any arguments or defense.

Yes, Lesa, the husband is still legally liable for the damages listed in the judgment since he remained on the lease. His absence from the property does not absolve him of responsibility unless he formally requested to be removed from the lease.
Would you like more information on how to enforce this judgment?

What if he lies and says he made a verbal request. Then is it his word against mine, or would he have to provide proof of request.?

Lesa, if the tenant claims he made a verbal request to be removed from the lease, he would generally need to provide evidence of such a request. Courts typically rely on written documentation for significant changes to lease agreements. Without written proof, it's his word against yours, and written agreements usually hold more weight.
Would you like more details on how to handle such claims in court?

Yes

Lesa, if the tenant claims he made a verbal request to be removed from the lease, here’s how to handle it:
*. Documentation: Present the original lease agreement and any written communications to the court.
*. Consistency: Consistently affirm that no written request was made.
*. Burden of Proof: Emphasize that the burden of proof is on the tenant to show he made the request.
Would you like detailed information on how to present your case in court?

What keeps him from just drafting a request now on dating it 2 years prior?

Lesa, if the tenant tries to produce a backdated document, it might be considered fraudulent. Here's how to address it:
- Evidence Examination: The court will scrutinize the authenticity of the document.
- Communication Records: Show any emails, messages, or lack thereof to dispute the claim.
- Witnesses: Provide statements from anyone involved in lease management.
Would you like more information on how to gather and present such evidence?

Garnishment Process For Landlords

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