If the court enters an order requiring immediate delivery of property as provided in Rule 90.05:
Rule 90.06.Delivery Bond of Garnishee--Form of--Effect of Filing--Insufficient Bond--Hearing.
Part III · Rule 90: Garnishments and Sequestration · Last amended January 1, 1999 · Last verified July 22, 2026
In one sentenceRule 90.06 gives a garnishee facing an immediate-delivery order three options — post a court-approved delivery bond so the property stays put, ask for a hearing on whether delivery is warranted, or, if the bond is found insufficient, furnish a new one or deliver the property to the sheriff.
Full Text of Rule 90.06
(a) The garnishee may file, either before or after delivery of the property to the sheriff, a sufficient delivery bond to the garnishor, approved by the court and executed by the garnishee as principal and one or more sufficient sureties, to the effect that the property shall be forthcoming as the court may direct.
(b) If the court finds that a delivery bond is not sufficient, it may order the garnishee to furnish a new bond or to immediately deliver the property to the sheriff. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property subject to garnishment be delivered to the sheriff.
(c) As an alternative to filing a delivery bond, the garnishee may file a written request for a hearing to determine whether the property should be immediately delivered to the sheriff. The hearing shall be held within ten days after the filing of the request.
Amendment History
Adopted May 15, 1998, eff. Jan. 1, 1999.
Plain-English Summary
When a court orders immediate delivery of garnished property under Rule 90.05, the garnishee is not without options. Rule 90.06 lets the garnishee file a delivery bond, either before or after handing the property over to the sheriff, running to the garnishor and backed by one or more sufficient sureties, promising that the property will be produced as the court later directs. A properly approved bond lets the garnishee keep the property out of the sheriff’s hands while the case proceeds.
If the court decides the bond that was filed is not sufficient, it has two options of its own: order the garnishee to post a new, adequate bond, or order the property delivered to the sheriff instead. If the garnishee then fails to furnish an acceptable new bond within the time the court sets, the court orders the property delivered to the sheriff.
As an alternative to posting any bond at all, the garnishee may file a written request for a hearing on whether the property should be delivered to the sheriff immediately. That hearing has to happen within ten days of the request being filed, giving the garnishee a fast path to challenge the delivery order on the merits instead of only securing it with a bond.
Frequently Asked Questions
What is a delivery bond under Rule 90.06?
It is a bond the garnishee files, approved by the court and backed by sufficient sureties, promising the garnished property will be produced as the court directs, instead of turning the property over to the sheriff right away.
Can the garnishee file the bond after already delivering the property?
Yes. The rule allows the bond to be filed either before or after the property has been delivered to the sheriff.
What happens if the court finds the delivery bond insufficient?
The court may order the garnishee to furnish a new bond or to deliver the property to the sheriff immediately. If the garnishee fails to furnish a new bond in time, the court orders delivery to the sheriff.
Does the garnishee have to post a bond to avoid immediate delivery?
No. Instead of filing a bond, the garnishee may file a written request for a hearing on whether the property should be delivered immediately, and that hearing must be held within ten days.
How quickly must a requested hearing under Rule 90.06 take place?
The rule requires the hearing to be held within ten days after the garnishee files the request.
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
Also known as: garnishee delivery bondinsufficient bond garnishment hearinggarnishment property delivery Missourisurety bond garnisheedelivery bond form