Section 3.17 Garnishor's Exceptions, Garnishee's Reply, and Trial

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

C. (§3.17) Garnishor's Exceptions, Garnishee's Reply, and Trial

A garnishor that believes that exceptions to the garnishee's answers are warranted must file exceptions within 10 days of the date of service of the answers or within 20 days after the writ return date, whichever is later. Rule 90.07(c). As with the garnishee's answers, any request for additional time to plead should be made within the original 10-day period. If the garnishor does not timely file exceptions to the garnishee's answers, the garnishee's answers are conclusively binding against the garnishor. Rule 90.07(c). Moreover, at least one court has held that the garnishor's failure to timely file exceptions in strict adherence to the 10-day deadline set forth in Rule 90.07(c) constitutes an abandonment or discontinuance of the garnishment proceeding such that the court lost jurisdiction to proceed...