Legal Question in Landlord & Tenant Law in Missouri

Re: Lanlord loss in court

This happens all the time with nasty landlords. They run to court whenever a tenant puts a hole in a wall, but they don't want to pay when they violate the law. Fortunately, having garnished a landlord or two, this is something I can help you with.

First, when your sister paid this landlord, did she pay him by check? If so, the name of his bank and the account number of his checking account are likely imprinted on any cancelled check. You'll need to get either the original or a good image quality copy and find this information. Someone at your bank can help you do this. Once you have his bank and account number, go to the clerk's office in the Associate Division and ask her for a copy of the court's approved "Interogatories to Garnishee." These are documents that you'll need to fill out with the name of the case, etc., and have the sheriff serve on the bank account.

You can go to www.courts.mo.us and find the link for the Missouri Rules. Rule 90 governs garnishment. The clerk is directed by those rules to issue a garnishment to anyone who holds the money or property of the debtor. Clerks can't practice law and somethings they get sticky about this. But Rule 90.02 shows you exactly what you have to show the clerk to have her issue a garnishment against the bank where the landlord does business. The garnishment is usually a writ of garnishment and the interrogatories. The bank will answer if it has sufficient funds to cover the garnishment amount. If it does, then when you get the answers to the interrogatories the clerk will usually issue a "pay in" order which commands the bank to pay the amount to the clerk. Then you have to ask the Court for a "pay out order." All of costs of service by the sheriff, etc., are recoverable. The landlord will likely not know what happened unless his bank calls him. But either way, you have him. Go look up the rule and you can see how to do it. The clerk is directed to help you fill out the forms properly if you filed in Small Claims Court, and most clerks are pretty good about it.

Good luck.