Section 3.2 Nature of Garnishment

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

B. (§3.2) Nature of Garnishment

Garnishment-or sequestration in the case of government employees-is a statutory legal proceeding. It is not an original proceeding, but is an ancillary or incidental remedy to obtain payment of a judgment. A valid judgment and execution against the debtor are the basic foundations on which a writ of garnishment rests. Flynn v. Janssen, 284 S.W.2d 421 (Mo. 1955); United States v. Brooks, 40 S.W.3d 411 (Mo. App. S.D. 2001). As a general rule, a judgment must be definite and certain to be enforceable in a garnishment proceeding. Schneidler v. Feeder's Grain & Supply, Inc., 24 S.W.3d 739 (Mo. App. E.D. 2000).

Because the garnishment process is a creature of statute in derogation of the common law, strict compliance with the requirements of the statutes and rules is essential. State ex rel. Eagle Bank & Trust Co. v. Corcoran, 659 S.W.2d 775 (Mo. banc 1983). Garnishment is a proceeding in rem that brings a debt or chose in action within the jurisdiction of the trial court and...