Rule 90.03.Service on Garnishee -- Return of Service -- Return Date -- Service of Subsequent Pleadings and Papers.
Part III · Rule 90: Garnishments and Sequestration · Last amended July 1, 2016 · Last verified July 22, 2026
Full Text of Rule 90.03
Amendment History
Adopted May 15, 1998, eff. Jan. 1, 1999; Amended June 21, 2013, eff. Jan. 1, 2014; Amended Dec. 23, 2015, eff. July 1, 2016.
Plain-English Summary
Once a writ of garnishment issues, someone has to deliver it. Rule 90.03 puts that job on the sheriff, who serves the garnishee with the summons and writ. If the sheriff cannot make service after being asked, the garnishor may ask the court to appoint a special process server, who then carries the same service duties the sheriff would have had. Service can also reach an employee the garnishee has designated to accept it, or the officer who handles the garnishee’s paying, disbursing, or auditing duties. The return of service follows the general rule for returns of service, and the writ’s return date — when one applies — appears on the summons itself.
Notice does not stop with the garnishee. Within five days of learning that the garnishee was served, the garnishor must serve a copy of the summons and writ on the debtor, either by hand delivery or by mail to the debtor’s last known address. Mailed service is complete the moment it is mailed, but the garnishor still has to file a certificate of service showing the case caption, who was served, when and how, what was served, and the serving party’s signature.
The garnishee carries a parallel duty: within five days of being served, the garnishee must hand-deliver or mail a copy of the summons and writ to the debtor at the address the garnishee has on file. That double layer of notice — from both garnishor and garnishee — helps make sure the debtor learns about the garnishment even if one party’s address information is out of date. Every pleading and paper filed after the initial summons and writ is served under the general rule for service of subsequent papers.
Frequently Asked Questions
Who serves the garnishee with the writ of garnishment?
The sheriff serves the garnishee. If the sheriff cannot make service after being asked, the garnishor may request that the court appoint a special process server with the same service duties.
How quickly must the debtor be notified after the garnishee is served?
The garnishor must serve the debtor within five days of learning the garnishee was served, either by hand delivery or by mailing the documents to the debtor’s last known address.
Does the garnishee also have to notify the debtor?
Yes. Within five days of being served, the garnishee must hand-deliver or mail a copy of the summons and writ to the debtor at the address on the garnishee’s own records.
When is mailed service on the debtor considered complete?
Service by mail is complete the moment it is mailed, though the serving party must still file a certificate of service documenting the mailing.
What must a certificate of service include?
It must show the case caption, the name of the party served, the date and manner of service, a description of what was served, and the signature of the serving party or attorney.