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Garnishments / Writ of Execution

The current interest rate, pursuant to 28 U.S.C. § 1961, is posted on the Eastern District of Missouri's web site weekly. The interest rate that is in effect on the date of judgment remains in effect until the judgment is satisfied.

 

All writs are issued with a "returnable date". This is the date that the Answer to Interrogatories are to be filed. If the interrogatories show that money is held, this is also the date the payment is due. For a garnishment, the "returnable date" is the date that it expires. Garnishment on salaries are usually issued for 60 or 90 days.

 

The returnable date must not fall on a weekend or federal holiday. The returnable date on a writ is never issued for less than 30 days and never more than 90 days. Banks are always given 30 days.

 

The writs will be processed by a clerk and delivered to the U.S. Marshal's office for service. If you have any questions concerning this process, you may call the Clerks Office at 314-244-7900.

 

A foreign Judgment (Judgment entered by another federal court), may be registered in the Eastern District of Missouri, by filing a certified copy of the Judgment with the Clerk of Court and submitting a $39.00 Miscellaneous Case filing fee (28 U.S.C. § 1963). To register an Eastern District of Missouri Judgment in another district, please contact the other district for their requirements.

 

The U.S. Marshal, or court appointed process server, can serve the Writ of Execution, Garnishment or lien. If the Court approves the Motion For Service By Process Server, please change the language of the Summons to Garnishee. A process server will not be authorized to seize property. To obtain the U.S. Marshal fee for this service, you may contact their office by dialing 314-539-2212.

 

A writ can be issued 10 days after the date of Judgment. To stop a writ, the judgment debtor must either file a court approved bond (28 U.S.C. § 2464), comply with F.R.A.P. 8, or file for Bankruptcy.

 

To file a Garnishment or a Writ of Execution through electronic case filing, (ecf), the Notice of Execution can be filed either as a "Notice of Execution of Garnishment"(under "Notices") or "Application For Writ of Garnishment" (under "Other Documents"). The Summons, Writ, Interrogatories, Certificate of Service of Interrogatories and the US Marshal Form 285 should be completed, converted to PDF and filed as attachments to the Notice of Execution.

 

Please submit the following to the Clerks Office for processing:

 

Garnishment (Salary):

Writ of Execution (Real property, cars, etc.):

Writ of Execution (Stocks, Bonds, Memberships, etc.)

These are the procedures for filing a Notice of Execution in the Eastern District of Missouri. Federal courts follow the rules of the court where they sit. The Eastern District of Missouri follows Missouri State Court rules concerning garnishments.

 



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