Section 3.26 Execution/Garnishment/Sequestration Application and Order

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

A. (§3.26) Execution/Garnishment/Sequestration Application and Order

IN THE _______ JUDICIAL CIRCUIT COURT, ________, MISSOURI

Judge or Division:	Case Number:
Petitioner(s): vs.	Please Issue: [ ] General Execution [ ]Garnishment [ ] Sequestration		(Date File stamp)
Respondent(s):	Date Judgment Entered Against Debtor:	For Garnishments: [ ]30Days [ ] 60 Days [ ] 90 Days [ ] 120 Days [ ] 150 Days [ ] 180Days
	Original Amount of Judgment:

Execution/Garnishment/Sequestration Application and Order

To (County/City of St. Louis):		Amount Remaining Unpaid (To be completed by Applicant)
Debtor Name/Address:		Principal	$
		Interest	$
		Court Costs (paid by party/atty)	$
Debtor SSN		Attorney Fees	$
Requested For:	Missouri Bar No :	Taxes	$
Attorney:	Date:	Child Support/Maint under 12 wks.	$
[] A judgment was entered on the above referenced date and remains unsatisfied. [] The garnishor knows or has good reason to believe that the garnishee is indebted to debtor, that the garnishee is obligated to make periodic payments to debtor, or that the garnishee has control or custody of property belonging to debtor. Signature:		Child Support/Maint over 12 wks.	$
		Subtotal	$
		To Be Completed by Clerk
		Costs Due to Court	$
		Sheriff's Commission	$
Address & Telephone Number:		Service Fee Unpaid	$
		Total Due	$
Instructions for Service: Include applicable instructions such as description of property; location of bank account; for a sequestration, include political subdivision, department, and name and title of disbursing officer.

Writ of Execution (To be completed by Court Clerk) The State of Missouri to the Sheriff of any County in the State of Missouri Because a judgment was entered against the above debtor in this court and there is a balance, accrued interest, and costs as stated above unpaid from said judgment, you are commanded to execute this writ by following the instructions on the reverse side of this writ and on the return date shown below to certify to this court how you executed this writ. Mail Funds To: __________________
Issue (County):	Document ID:	Date Issued:
Return Date:	By (Clerk):

Summons to Garnishee To:_____________________________________________________________________ You are notified that I attach all goods, personal property, money, credit, bonds, bills, notes, checks, choses in action, or other effects and all debts owed to the above named debtor that are in your possession or charge, or under your possession or charge, or under your control from this time until the return date or a sufficient sum to satisfy the total amount of garnishment shown above You are further notified to file your answers to the interrogatories served within ten days after the above return date.
Date:	Sheriff/Server:
County:	Service Acknowledged By:

Sheriff or Server's Return

I certify that I have served this summons/writ:

[ ] By delivering a copy of the summons/writ to the garnishee.

[ ] By leaving a copy of the summons/writ at the dwelling place or usual abode of each of the garnishees with ____________, a person of the garnishee's family over the age of 15 years

[ ] Other ____________

Served in ___________(County/City of St. Louis), MO, on ___________ (date) at ________ (time).

___________________________

Sheriff/Server

Service Fees

Summons/Writ $ ________

Non Est $ ______ (__________ miles @ $. ___ per mile)

Mileage $ _________

Total $_______________

Instructions to Sheriff/Server

General Execution

You are commanded to execute this writ by levying upon the debtor's property.

Garnishment

You are commanded to summon the garnishee and attach the property subject to garnishment in the garnishee's possession or charge or under the garnishee's control between the time notice is served and the return date.

Sequestration on Public Employer

You are commanded to take into your possession, any and all moneys, checks, drafts, warrants, vouchers, or other evidence of indebtedness, for salary, wages, fees or earnings for services rendered by said debtor now due and payable, or which shall hereafter become due and payable from the date of this writ to the return day thereof, now in the hand of said paying, disbursing or audit officer, or that shall come into his/her hands before the return day of this writ, or so much thereof as shall be necessary to satisfy the amount of judgment debt, interest, costs and fees due and allowed by law for serving this writ, and issue therefore your receipt; that you endorse in the name of said debtor, any and all such checks, drafts, warrants, vouchers, or other evidence of indebtedness, and convert the same into cash; that you serve a true copy of this writ upon the paying, disbursing or auditing officer: and that you certify to this court the manner in which you execute this writ.

Applicable Provisions Relating to Garnishments

525.03 RSMo

2. The maximum part of the aggregate earnings of any individual for any workweek, after the deduction from those earnings on any amounts required by law to be withheld, which is subjected to garnishment may not exceed (a) twenty-five per centum, or, (b) the amount by which the individual's aggregate earnings for that week, after the deduction from those earnings of any amounts required to be withheld by law, exceed thirty times the federal minimum hourly wage prescribed by section 6(a)(1)of the Fair Labor Standards Act of 1938 in effect at...