Part III · Rule 90: Garnishments and Sequestration · Last amended January 1, 1999 · Last verified July 22, 2026
Adopted May 15, 1998, eff. Jan. 1, 1999.
Some garnished property will not sit still waiting for a case to run its normal course, so Rule 90.05 gives the garnishor a way to move faster. To get an order for immediate delivery, the garnishor files an affidavit describing the property at stake, laying out the facts that justify moving quickly, and stating that the garnishor is in danger of losing the property unless the sheriff takes custody of it right away.
The court does not order immediate delivery automatically just because the garnishor asks. It reviews the affidavit and, only if the facts stated show that immediate delivery to the sheriff is warranted, orders the garnishee to hand the property over. That review keeps the accelerated procedure reserved for situations where a real risk of loss justifies skipping the ordinary timeline.
This rule works alongside Rule 90.06, which gives the garnishee a way to respond to an immediate-delivery order — by posting a delivery bond instead of turning over the property, or by asking for a hearing on whether delivery is really warranted. Read together, the two rules balance a garnishor’s need to protect property that might disappear against a garnishee’s interest in not being forced to give up property before a court has confirmed the risk is real.
It must describe the property, state the facts showing why immediate delivery to the sheriff is needed, and state that the garnishor is in danger of losing the property without it.
No. The court must find that the facts stated in the affidavit show that delivery to the sheriff is warranted before ordering the garnishee to deliver the property.
The order directs the garnishee to deliver the property to the sheriff.
Yes, in a limited way. Rule 90.06 lets the garnishee post a delivery bond or request a hearing instead of immediately delivering the property.
Rule 90.05 exists for situations where the garnishor risks losing the property before the case would otherwise resolve, such as property that is movable, perishable, or otherwise at risk.