As amended through October 1, 2024
Rule 90.12 - Costs and Allowances(a) Allowance to Garnishee if Interrogatory Answers are Not Excepted to or Denied. If by interrogatory answers, not excepted to or denied, it appears that the garnishee has property subject to garnishment, the court, upon motion by the garnishee, shall allow the garnishee a onetime sum not to exceed $20, or the fee previously agreed upon between the garnishee and the judgment debtor if the garnishee is a financial institution, for the trouble and expense of answering, and withholding the funds, to be paid out of the property subject to garnishment. The garnishee may file a motion for additional costs, including attorney fees reasonably incurred in answering the interrogatories, in which case the court may make such award as it deems reasonable. The motion shall be filed on or before the date the garnishee makes payment or delivers the property subject to garnishment into court.(b) Allowance to Garnishee if Garnishor Does Not Recover Judgment Against Garnishee. If the garnishor files exceptions to the garnishee's interrogatory answers but does not obtain a judgment against the garnishee, all of the costs attending such garnishment shall be taxed against the garnishor. The court in such a case shall render judgment in favor of the garnishee and against the garnishor for an amount sufficient to indemnify the garnishee for time and expenses, including attorney's fees.(c) Allowance to Garnishee in Appellate Court. A garnishee claiming an allowance in an appellate court shall do so pursuant to Rule 84.21.Adopted May 15, 1998, eff. 1/1/1999.