Section 3.16 Garnishee's Answer and Assertion of Claims

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

B. (§3.16) Garnishee's Answer and Assertion of Claims

The garnishee must file verified answers to the interrogatories within ten days after the return date. Rule 90.07(b). There is no specific provision for a motion to quash, but these motions have been upheld to quash jurisdictional defects that invalidate a summons of garnishment or to raise facts that would exclude the garnishee or the property in the garnishee's hands from being subject to the garnishment process. These issues should be raised at the earliest opportunity and certainly before answering the interrogatories. By answering the interrogatories and appearing generally, the garnishee waives any defect in service of the summons as to the garnishee personally. Fletcher v. Wear, 81 Mo. 524 (1884); C. Rallo Contracting Co. v. Blong, 313 S.W.2d 734 (Mo. App. E.D. 1958). Though the rules do not specifically so provide, presumably the garnishee could, upon motion filed before the return date, obtain an extension of time to file the answers. The answers to interrogatories are to be served on the plaintiff or the plaintiff's attorney as provided in Rule 43.01.

If the

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