SB 835 - This act modifies provisions relating to attachment, execution, and garnishments. Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $30,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Supreme Court of Missouri every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any one or more accounts and attachment dates between the accounts may be different depending on the look back analysis. If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and neither the garnishor nor the financial institution shall be liable to the joint owners if the funds are later proven to be not of the judgment debtors.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate, respond to, or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The Supreme Court of Missouri shall adopt rules to implement the provisions relating to orders of garnishment of account funds held by financial institutions before January 1, 2027.
The provisions of this act are effective January 1, 2027.
This act is similar to HB 275 (2025) and HB 1657 (2024).
KATIE O'BRIEN