King David Fashions, LLC and David Hughes, Defendants, and Transwood, Inc. Missouri Cases

Penguin Properties, LLC, sought to garnish a debt owed by Transwood, Inc. to David Hughes, stemming from a personal injury settlement, to satisfy a prior judgment against Hughes for past due rent. The circuit court granted summary judgment for Penguin, finding Transwood liable for disregarding the garnishment. The appellate court affirmed, holding that garnishment attaches to the underlying debt regardless of physical possession of settlement checks, and that Transwood waived its affirmative defense of lack of control over the settlement by its insurer by failing to properly plead and prove it.