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Rule 90.01.Definitions.

Part III · Rule 90: Garnishments and Sequestration · Last amended July 1, 2016 · Last verified July 22, 2026

In one sentenceRule 90.01 defines the vocabulary that runs through every other Rule 90 provision — garnishor, debtor, garnishee, and property subject to garnishment — and excludes certain recurring, electronically deposited exempt bank funds from that definition, while also defining a continuous wage garnishment as one with no return date.

Full Text of Rule 90.01

Text sizeJump to: (a) (b) (c) (d) (e)

In this Rule 90:
(a) A “garnishor” is a judgment creditor;
(b) A “debtor” is a judgment debtor;
(c) A “garnishee” is the person summoned as garnishee in the writ of garnishment or levy;
(d) “Property subject to garnishment” is all goods, personal property, money, credits, bonds, bills, notes, checks, choses in action, or other effects of debtor and all debts owed to debtor. ‘Property subject to garnishment‘ does not include funds of the debtor on deposit with a bank or other financial institution in an account in which all funds are:
(1) Deposited electronically on a recurring basis, and
(2) Reasonably identified as funds exempt from garnishment pursuant to section 513.430.1(10)(a), (b), or (c), RSMo, or subject to the exemptions under Title 31 C.F.R. Part 212;
(e) “Continuous wage garnishment” is the garnishment of earnings, as defined in section 525.030, RSMo, that does not have a return date and instead remains in effect until the judgment is paid in full or until the employment relationship is terminated, whichever occurs first.

Amendment History

Adopted May 15, 1998, eff. Jan. 1, 1999; Amended Dec. 22, 2009, eff. July 1, 2010; Amended June 25, 2015, eff. Jan. 1, 2016; Amended Dec. 23, 2015, eff. July 1, 2016.

Plain-English Summary

Garnishment law leans on a small set of terms, and Rule 90.01 pins them down before the rest of Rule 90 puts them to work. A garnishor is the person owed money under a judgment — the judgment creditor. The debtor is the person who owes it. The garnishee is whoever gets served with the writ: a bank holding the debtor’s account, an employer holding the debtor’s wages, or anyone else holding money or property that belongs to the debtor. Keeping these three roles straight matters because each one carries different duties under the rules that follow.

“Property subject to garnishment” casts a wide net — goods, personal property, money, credits, bonds, notes, checks, choses in action, and any debt owed to the debtor. But the rule carves out one important category: money in a bank account is not reachable if every dollar in that account arrives by recurring electronic deposit and is reasonably identifiable as a type of deposit that state or federal law already protects from garnishment. That carve-out matters most for accounts that receive automatic deposits of protected benefits, since it keeps a garnishee bank from having to sort exempt money out of a mixed account after the fact.

The rule also introduces continuous wage garnishment — a garnishment of earnings that never gets a return date. Instead of expiring after a set period, it stays in force until the debtor’s employer pays the judgment off in full or the debtor stops working there, whichever happens first. That single definition shapes the timing rules found throughout the rest of Rule 90, since a continuous wage garnishment runs on a different clock than a garnishment with a fixed return date.

Frequently Asked Questions

Who is the garnishor under Rule 90.01?

The garnishor is the judgment creditor — the party who already won a judgment and is using garnishment to collect on it.

What makes someone a garnishee instead of a debtor?

The garnishee is the third party served with the writ because that party holds money or property belonging to the debtor, such as a bank or an employer. The debtor is the person who owes the underlying judgment.

Does every bank account fall within property subject to garnishment?

No. An account is excluded if all of the funds in it arrive by recurring electronic deposit and are reasonably identifiable as funds exempt under the state exemption statute or the federal Title 31 regulation the rule cites.

What is a continuous wage garnishment?

It is a wage garnishment with no return date. It stays in effect until the judgment is paid in full or the debtor’s employment ends, whichever comes first, instead of expiring after a fixed number of days.

Why does Rule 90.01 matter if it just defines terms?

Every later Rule 90 provision uses these defined terms to set deadlines and duties. Knowing who counts as the garnishor, debtor, or garnishee — and which garnishments are continuous — determines which timing rules apply.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source
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