Can My Paycheck Have Two Garnishments on It Under Missouri Law?

It is possible for an you to have two active wage garnishments at the same time in Missouri. Garnishment is the result of a court judgment and forces the employer to deduct a certain percentage of the employee's paycheck each payday. However, the total garnishment usually cannot exceed 25 percent of wages, although there are exceptions for child support or garnishments by the Internal Revenue Service. Also, Missouri law prohibits garnishment of more than 10 percent of your paycheck if you qualify as head of household.

Definiotions

Most garnishments are legal orders signed in small claims court by a judge. However, the Internal Revenue Service and state tax agencies can issue garnishment orders for back taxes without consulting a judge. Other debt collectors, such as those representing credit card companies, must first file a lawsuit, and win a court judgment before seeking garnishment.

Considerations

Garnishment allows a single debt collector to receive a percentage of your paycheck each pay period in Missouri. A second debt collector could also present a garnishment order, but must wait until fulfillment of the initial garnishment order -- if the first garnishee is deducting the maximum percentage allowed by the law. If, for some reason, the first garnishee is deducting a maximum of 10 percent from a head of household, the second garnishee must wait until the first garnishment ends

Multiple Garnishments

There is no limit to the number of garnishments you can have at one time in Missouri as long as the total deductions do not exceed the thresholds established by state law. Thus, someone with several court judgments could have two or more active garnishments.

Bankruptcy

With multiple garnishments, you are a candidate for bankruptcy -- especially if the garnishments are making it difficult for you to meet daily living expenses. Chapter 7 bankruptcy and Chapter 13 bankruptcy are two possibilities for managing excessive debt. Chapter 7 is available to people with low incomes, with everyone else automatically eligible for Chapter 13. Chapter 7 is preferable because it eliminates unsecured debts such as credit cards in a few months and stops garnishments. Chapter 13 requires a payment plan lasting three to five years and can also end garnishment. Debt settlement is another possibility. Creditors, the IRS and other tax agencies may agree to settlements for less than the full amount due in exchange for ending garnishments.