Missouri Garnishment Interrogatories: What They Are and How They Work

What Garnishment Interrogatories Are

When a Missouri court issues a writ of garnishment, the writ doesn't go to the judgment debtor — it goes to the garnishee. That's the employer (for wage garnishment) or the bank (for account garnishment). Along with the writ, the garnishee receives a set of interrogatories: formal written questions they're legally required to answer under oath.

The standard statewide form is OSCA Form CV110 (Interrogatories to Garnishee). These questions establish the basic facts the court needs: Does the garnishee owe the debtor money? How much? What's the debtor's pay frequency and disposable earnings? Are there other garnishments already in place?

How the Process Works

The interrogatories are served on the garnishee by the county sheriff (or Jackson County's Department of Civil Process) at the same time as the writ itself. The creditor doesn't need to draft custom questions — Form CV110 is standardized across all 114 Missouri counties and the City of St. Louis.

For a continuous wage garnishment, the employer must file written Answers to Interrogatories with the circuit clerk within 20 days of service. The answers confirm the debtor's employment, gross pay, mandatory deductions, disposable earnings, and whether any prior garnishment orders are already active against the same employee.

For a bank garnishment, the financial institution files its answers after the 30-day restraint period expires. The bank's response discloses the account balance at the time of service, any federal benefit protections that apply (Social Security, SSI, VA benefits are automatically protected under 31 CFR Part 212), and the amount being remitted to the clerk.

Why the Answers Matter

The garnishee's answers tell you whether the garnishment will actually produce money. If the employer reports that the debtor's weekly disposable earnings are below $217.50 (30 times the federal minimum wage), the wages are 100% exempt and nothing gets withheld. If a bank reports the entire account consists of direct-deposited federal benefits, those funds are protected and won't be released.

The answers also reveal competing claims. If another creditor already has a garnishment in place, Missouri law prioritizes them — your writ may need to wait until the prior one is satisfied.

When the Garnishee Doesn't Respond

A garnishee that ignores the interrogatories creates a procedural problem. Under RSMo 525.140, if the garnishee fails to answer, the judgment creditor may seek a default judgment against the garnishee. Any final judgment is subject to RSMo 525.170: it cannot exceed the amount sworn to by the creditor or the amount the garnishee is liable for to the debtor, whichever is less.

In practice, most employers and banks respond on time because the liability exposure is real. If you hit a non-response, seek the court's direction rather than assuming the full writ amount is automatically due from the garnishee.

Common Issues With Interrogatory Answers

Sometimes the answers raise more questions than they resolve. An employer might report that the debtor "no longer works here" without saying when employment ended. A bank might report a zero balance but not address whether funds were withdrawn after receiving notice of the writ. In these situations, the creditor can request a hearing to examine the garnishee's answers and potentially challenge them.

If the employer underreports disposable earnings or fails to withhold the correct amount, the creditor can bring this to the court's attention. The garnishee has no discretion to decide how much to withhold — the statutory formula controls.

For a complete walkthrough of the garnishment process from application through interrogatory responses and fund disbursement, the Missouri Small Claims Judgment Collection Guide covers each step.

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