§ 90.16 Compensation of State and Municipal Employees Subject to Writ of Sequestration

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90.16. Compensation of State and Municipal Employees Subject to Writ of Sequestration

    (a) Writ of Sequestration--Application for Issuance. When an execution is requested on a judgment rendered against an officer, appointee, or employee of the state of Missouri or any municipal corporation or other political subdivision of the state, the clerk shall issue a writ of execution, which shall constitute and serve as a writ of sequestration. The writ shall be directed to the sheriff or other officer authorized to execute writs in the county in which the paying, disbursing, or auditing officer may be found with instructions to the sheriff or executing officer to take into possession any and all moneys, checks, drafts, warrants, vouchers, or other evidence of indebtedness for salary, wages, fees, or earnings for services rendered by the judgment debtor then due and payable, and which shall thereafter become due and payable, from the date of the writ to the return day thereof. The sheriff or other officer to whom the writ is directed shall serve a true copy thereof upon the paying, disbursing, or auditing officer named therein, which shall have the effect of attaching in the sheriff's or officer's hands any and all moneys, checks, drafts, warrants, vouchers, or other evidences of indebtedness then due and payable, and which shall thereafter become due and payable, from the state or such municipal corporation or other political subdivision of the state to the judgment debtor from and after the date of the service of the writ to the return day thereof.

    (b) Duties of Officers--Fees--Exemptions. The officer serving the writ shall endorse thereon the day and date the same was received, shall take into possession, as the same shall become due to the judgment debtor, such moneys, checks, drafts, warrants, vouchers, of other evidences of indebtedness, and shall issue a receipt to the paying, disbursing, or auditing officer therefor, and shall endorse, in the name of the judgment debtor, any and all such checks, drafts, warrants, vouchers, or other evidences of indebtedness delivered under the writ. The proceeds thereof less any amount exempt to the judgment debtor under the exemption statutes of this state, or so much thereof as shall be necessary therefor, shall be applied to the payment of the judgment debt, interest, and costs in the same manner as in the case of garnishment under execution.

    The sheriff or other officer serving the writ shall make a return to the writ showing the manner of serving it. The sheriff or officer shall be allowed the same fees therefor as provided for levy of execution. The writ shall be returnable in the same manner as the execution issued out of the court in which the judgment was rendered.

    Nothing herein shall deprive the judgment debtor of any exemptions permitted under the exemption laws of this state, and the exemptions may be claimed to the sheriff or other officer serving the writ at any time on or before the return date of the writ in the manner provided under the exemption laws of this state. It shall be the duty of the sheriff or other officer serving the writ, at the time of the service thereof, to apprise the judgment debtor of the debtor's exemption rights, either in person or by registered or certified mail directed to the judgment debtor at the last known address.

    (c) Other Procedures in Rule 90 Applicable. The procedure in this Rule 90 for determining liability on garnishments shall be applicable in the determination of liability on sequestrations.