Rule 90.18.Staying, quashing, or vacation writ.
Part III · Rule 90: Garnishments and Sequestration · Last amended July 1, 2016 · Last verified July 22, 2026
Full Text of Rule 90.18
Amendment History
Adopted Dec. 23, 2015, eff. July 1, 2016.
Plain-English Summary
Not every garnishment that issues should necessarily run its full course, and Rule 90.18 gives the person targeted by a writ a way to challenge it after the fact. At any time after the summons and writ of garnishment have been served, that person may file a motion with the issuing court setting out good cause why the garnishment should be stayed, set aside, or quashed.
The rule puts an outer boundary on when a challenge to any specific payment can be raised: the motion must be filed no later than 90 days after the garnishee makes a particular payment to the garnishor, measured with respect to that specific payment. That structure means a person is not permanently barred from challenging a garnishment just because time has passed since it began — the clock runs payment by payment, not just from the original writ.
Once the motion is filed, the rule requires reasonable notice of the hearing to be given to all interested parties, which typically includes the garnishor and the garnishee along with the moving party. That notice requirement makes sure a decision to stay, set aside, or quash a garnishment does not happen without the parties who have a stake in the outcome getting a chance to be heard.
Frequently Asked Questions
Who can move to stay, set aside, or quash a writ of garnishment?
Any person against whom the writ of garnishment has been issued.
When can that motion be filed?
At any time after service of the summons and writ, but not later than 90 days after any specific payment the garnishee has made to the garnishor with respect to that payment.
What must the motion show?
Good cause why the garnishment ought to be stayed, set aside, or quashed.
Does the 90-day deadline apply only to the first payment made?
No. The rule measures the 90-day period with respect to each specific payment, so the deadline can recur as additional payments are made.
Is notice required before the court rules on the motion?
Yes. Reasonable notice of the hearing on the motion must be given to all interested parties.