Thursday, October 20, 2011

How to File a Garnishment Exemption in Missouri

Missouri forbids the use of federal garnishment exemptions unless they are general nonbankruptcy exemptions on wages, Social Security benefits, civil service benefits or veterans benefits. However, most residents of Missouri subjected to wage garnishment have access to state exemptions that prevent certain assets from being seized. When Missouri residents file for exemption, bankruptcy trustees and creditors cannot claim the property to resolve a debt and the debtor may commence a fresh start after bankruptcy.

Instructions

    1

    Contest any seizure of jointly-owned property or bank accounts due to the debt of only one spouse, or any seizure of property under $146,450 due to the single owner's debt: Missouri automatically grants these exemptions.

    2

    File a state wage exemption for 75 percent of your wages, or 90 percent if you are a head of household. Request 30 times the federal minimum hourly wage if that amount is greater. Use state forms to file for this exemption.

    3

    Request two exemptions if you and your spouse are both eligible for the state wage exemption: Each spouse may claim an exemption separately if the couple is filing together.

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