Missouri Wage Garnishment: Your Rights and How To Stop It

Creditor harassment is stressful. Wage garnishment is worse. It’s embarrassing and creates serious financial strain. If you live in Missouri, you have options to reduce the burden. You can fight back and protect your paycheck.

What Is Wage Garnishment?

Wage garnishment means your employer withholds money from your paycheck. The withheld amount goes directly to your creditor. Garnishment can continue every pay period until the debt is paid.

Creditors usually need a court order to start garnishment. State and federal laws limit how much they can take.

Who Can Garnish Your Wages in Missouri?

Any creditor who sues you and wins can garnish your wages. The creditor doesn’t have to be the original lender. Debt buyers, collectors, and collection agencies can garnish too.

Special Garnishment Rules for Certain Debts

Some creditors don’t need a judgment first. The federal government can garnish for unpaid income taxes or defaulted student loans. Missouri can garnish for back taxes or fines without suing you.

Child support follows different rules. Most Missouri child support orders automatically require wage withholding. If you stop paying, the other parent can request garnishment without a judgment. Federal law sets the limits for child support withholding, not state law.

Missouri’s standard garnishment procedures cover most other wage garnishments. That’s what we focus on here.

The Missouri Wage Garnishment Process

Before garnishing your income, most creditors must file a lawsuit. They must win a judgment against you.

Step 1: The Creditor Gets a Judgment

A judgment is a court order directing you to pay money. If you don’t respond to the lawsuit, the creditor gets a default judgment. They still must prove you owe the debt.

After winning, the creditor becomes a judgment creditor. You become a judgment debtor.

Step 2: The Creditor Obtains a Garnishment Order

The judgment creditor asks the court for a garnishment order. Courts sometimes call it a writ of garnishment. The creditor delivers this order to your employer.

Your employer must give you a copy within five days. The creditor may also send interrogatories. These are questions your employer must answer about your pay.

Step 3: You Receive Notice and Can Object

Missouri law protects some income from garnishment through exemptions. You have 20 days to file a claim of exemption. You can also object if you’ve already paid part of the judgment.

Creditors can legally add court costs and interest. That increases what you owe.

Step 4: Garnishment Begins

After the court handles your exemptions and objections, garnishment starts. The amount creditors can take is limited by law.

How Much Can Be Taken From Your Paycheck?

Missouri follows federal garnishment limits. The limits are based on your weekly disposable income. Disposable income is gross pay minus mandatory deductions like taxes and Social Security.

Voluntary deductions like insurance don’t count.

Calculating Weekly Pay

Here’s how Missouri calculates your weekly pay:

• Paid every two weeks: Divide your pay by two
• Paid twice a month: Divide your pay by 2.17
• Paid once a month: Divide your pay by 4.33

Creditors can take whichever amount is less:

• 25% of your disposable income, OR
• Your disposable earnings minus $217.50 (the federal minimum weekly pay)

If your weekly disposable earnings are $217.50 or less, creditors can’t take anything.

For earnings above $290 per week, use the 25% formula. For earnings between $217.50 and $290, subtract $217.50 to find the garnishable amount.

Head of Household Exemption

Losing 25% of your income is devastating when others depend on you. Missouri offers extra protection through the head-of-family exemption. You qualify if you financially support a dependent child under 18, a spouse, or a disabled dependent child.

Head-of-family status reduces the maximum garnishment to 10% of disposable earnings. One exception exists: Child support and alimony garnishments drop from 60-65% to 50-55%.

You must file a claim within 20 days to claim this exemption. You’ll also need to submit a supporting affidavit.

Continuous Wage Garnishment

Missouri allows continuous wage garnishment since 2015. Garnishment continues until the judgment is paid in full. It also stops if you change jobs.

The total garnished can’t exceed the judgment amount plus fees, costs, and interest. Creditors must file a statement every six months showing the remaining balance.

How To Stop Wage Garnishment in Missouri

You have limited options once garnishment notice arrives. Paying off the judgment stops garnishment immediately. You can pay in a lump sum or let deductions run their course.

Try negotiating a payment arrangement with the creditor. You’ll have more leverage if you can pay a large portion upfront.

Bankruptcy Stops Garnishment

Filing for bankruptcy stops wage garnishment immediately. The automatic stay takes effect as soon as you file. All collection actions must stop, including garnishment.

You can eliminate many debts through bankruptcy, including the judgment causing garnishment. State exemptions may protect your assets and property. If you’re struggling with multiple debts, speak with a bankruptcy attorney for free to explore your options.

Resources for Missouri Residents Facing Garnishment

Hiring an attorney is expensive. It’s harder when your pay is already garnished. Missouri has legal aid organizations committed to providing quality representation.

Consider these Missouri legal aid options:

• Legal Aid of Western Missouri
• Legal Services of Eastern Missouri
• Legal Services of Southern Missouri
• Mid-Missouri Legal Services
• St. Louis Bankruptcy Pro Se Assistance Program

These organizations can help you understand your rights. They may assist with filing exemption claims or objecting to garnishment.