Cape Girardeau, MO asked in Collections for Missouri

Q: Can a debtor in Missouri refile a garnishment if the courts terminated the order for failure to file a statement

A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment balance remaining due with this court as provided in Rule 90.19(b), therefore the court orders the garnishment terminated. SO ORDERED". Can they still refile or collect after 1 full year of this termination?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Collections Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.

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