Rule 90.08.Court Order to Answer Interrogatories.
Part III · Rule 90: Garnishments and Sequestration · Last amended January 1, 1999 · Last verified July 22, 2026
Full Text of Rule 90.08
Amendment History
Adopted May 15, 1998, eff. Jan. 1, 1999.
Plain-English Summary
Rule 90.07 sets deadlines and content requirements for a garnishee’s interrogatory answers, and Rule 90.08 gives those requirements teeth. If a garnishee fails to answer, or files answers that do not satisfy what Rule 90.07 demands, the court can, on motion, order the garnishee to answer, or to answer properly.
A garnishee who still ignores that order faces real consequences. On motion of the garnishor or the court itself, the garnishee can be found in default, and the garnishor is then allowed to take a default judgment against the garnishee directly — turning the garnishee’s noncompliance into a personal judgment liability instead of leaving the garnishor stuck without recourse.
The rule also protects the garnishor’s ability to scrutinize answers that only show up after a court order. When a garnishee files interrogatory answers after having been ordered to do so, the garnishor still gets to file exceptions to those answers, using the same procedure Rule 90.07(c) lays out for exceptions filed in the ordinary course. Late compliance does not shortcut the garnishor’s chance to contest what the garnishee ultimately says.
Frequently Asked Questions
What can happen if a garnishee never answers the interrogatories?
The court, upon motion, can order the garnishee to answer or to properly answer the interrogatories.
What if the garnishee still refuses to comply with a court order to answer?
The garnishee can be found in default, and the garnishor may then take a default judgment against the garnishee.
Can the garnishor still object to answers filed after a court order?
Yes. The garnishor may file exceptions to answers filed under a court order in the same manner provided by Rule 90.07(c).
Who can move for an order compelling the garnishee to answer?
The rule allows the court to enter such an order upon motion, and a subsequent default finding can be sought on motion of the garnishor or the court.
Does a default judgment under Rule 90.08 run against the debtor or the garnishee?
It runs against the garnishee, as a consequence of the garnishee’s failure to comply with the court’s order to answer.