Rule 90.04.Effect of Service of Writ of Garnishment and Summons -- Priority.

A garnishment does not just create a paper claim — it locks down property. Rule 90.04 says that once the summons and writ are served, the debtor’s property in the garnishee’s possession, charge, or control is attached as of that moment, and it stays attached through the writ’s return date. For a continuous wage garnishment, that hold lasts until the judgment is paid in full or the debtor’s employment ends, whichever happens first.

Attachment dates matter because more than one creditor can go after the same debtor at the same time. When two writs of garnishment would otherwise carry equal priority, the rule breaks the tie by date of service on the garnishee — whichever garnishor served first gets first claim. This is especially important for wage garnishments, where an employer may receive multiple writs against the same employee over time.

To make that priority system work in practice, Rule 90.04 puts a duty on the employer: if an employee’s wages are already subject to more than one writ, the employer must tell any later, junior garnishor about the existence and case number of every senior garnishment already in place. That disclosure lets a junior garnishor understand where it stands in line before spending time and money pursuing a claim that will not be paid until earlier garnishments are satisfied.