Wage garnishment is the process by which a creditor that has already won a money judgment reaches a debtor's paycheck through the debtor's employer. The short answer for everyone involved: a creditor cannot touch wages until it has a court judgment and a court-issued writ of garnishment; the employer then becomes a court-bound participant who must withhold a capped share of pay and send it to the court. Missouri wage garnishment runs through RSMo Chapter 525 and Missouri Supreme Court Rule 90, while the dollar limits come from a blend of federal and Missouri law.
This guide explains the mechanics from both sides. If you are the creditor, garnishment turns a paper judgment into recovered money, but only if the writ is served correctly and the caps are respected. If you are the employer, you are the garnishee — a third party with real legal duties and real exposure if you mishandle the writ. The employee, meanwhile, has meaningful protections: a federal percentage cap, a more generous Missouri cap for the head of a family, exemptions, and protection against being fired over a single garnishment.
The prerequisite: a money judgment and a writ of garnishment
For ordinary consumer and commercial debts, wage garnishment is a post-judgment tool. A creditor must first sue the debtor and obtain a money judgment fixing the amount owed. Only then may the creditor ask the clerk of the court that entered the judgment to issue a writ (or summons) of garnishment directed at the debtor's employer.
The writ is served on the employer, not primarily on the debtor — service is what legally compels withholding to begin. A Missouri wage garnishment is typically a continuing garnishment: a single writ reaches successive paychecks over a defined garnishment period until the judgment plus interest and costs is satisfied or the period expires, without re-serving the employer every payday.
A few obligations follow different tracks. Child support and spousal maintenance are collected through income-withholding orders rather than an ordinary Chapter 525 writ, and unpaid federal taxes and defaulted federal student loans can be garnished administratively without a court judgment. For ordinary debt, the rule is firm: no judgment, no writ, no garnishment.
How much of wages can be taken
Both a federal and a Missouri limit apply, and the employee gets the benefit of whichever protects more pay. Every cap operates on disposable earnings — gross pay minus deductions required by law (federal, state, and local taxes, Social Security, and Medicare). Voluntary deductions like 401(k) contributions, health insurance, or union dues are generally not subtracted when computing disposable earnings.
The federal cap (Consumer Credit Protection Act)
For an ordinary judgment, the FEDERAL Consumer Credit Protection Act (CCPA), Title III, 15 U.S.C. § 1671 et seq. and specifically 15 U.S.C. § 1673, limits weekly garnishment to the lesser of:
- 25% of disposable earnings for the week, or
- the amount by which weekly disposable earnings exceed 30 times the federal minimum wage.
The second prong shields low earners entirely: if 30 times the federal minimum wage equals or exceeds the week's disposable earnings, nothing can be garnished. The protected floor moves with the federal minimum wage, so always confirm the current figure.
Missouri's lower cap for the head of a family
Missouri law is more protective for the head of a family — a person who provides more than half the support of a spouse, child, or other dependent. Under RSMo § 525.030, the withholding limit for a head of household is commonly described as 10% of disposable earnings rather than 25%. This 10% figure is a Missouri (state) feature, more generous than the federal cap; an employee who is not a head of family is generally subject to the standard limit. RSMo § 525.030 within Chapter 525 sets these withholding limits and exemptions.
Worked example. Dana, a head of household, has $600 in weekly disposable earnings. The federal lesser-of test would allow $150. Missouri's roughly 10% head-of-family cap allows about $60, and Dana gets the lower figure — so about $60 per week is withheld. Claiming head-of-family status when it genuinely applies can cut the bite by more than half.
The employer's duties as garnishee
When a writ is served on the employer, the employer becomes the garnishee and steps into the lawsuit as a stakeholder accountable to the court. Three duties matter most.
Answer the garnishment
The employer must file a sworn answer with the court — within the time the writ and Missouri Supreme Court Rule 90 require — stating whether it employs the debtor and what wages it owes or holds. An employer that holds no wages (for example, the named worker does not work there) says so, and the garnishment yields nothing.
Withhold correctly and remit to the court
For each pay period, the employer withholds the capped amount of disposable earnings, recalculated for that period, and remits it to the court (not directly to the creditor) as the writ directs. The same percentage limits apply whether pay is weekly, biweekly, or monthly. Withholding continues until the judgment, interest, and costs are paid, the period ends, or the court terminates the writ.
The cost of ignoring the writ
An employer that is properly served but fails to answer or fails to withhold can be held liable to the creditor — potentially for the entire judgment debt, not merely the amount it should have withheld. A garnishment writ is a court order; discarding it, or quietly declining to withhold, exposes the business to a judgment against itself.
Priority among multiple garnishments
When more than one obligation competes for the same paycheck, priority controls.
- Support comes first. Court-ordered child support and maintenance withholding generally takes priority over ordinary commercial and consumer garnishments, and federal law permits a larger share of disposable earnings for support (often 50–65%) than the ordinary 25% CCPA cap.
- Ordinary judgments line up first-in-time. An existing continuing wage garnishment is typically satisfied before a later creditor's garnishment begins. Because the total withheld can never exceed the applicable cap, a second ordinary creditor often collects nothing until the first is paid off.
The employer should honor a higher-priority support order first and never stack ordinary garnishments beyond the legal cap. For the creditor, a debtor whose wages are already encumbered may yield slow or no recovery.
The employee's protections and how to challenge a garnishment
The employee — the debtor — is not without recourse, and most remedies are time-sensitive.
Anti-retaliation
Under the FEDERAL CCPA (Title III, 15 U.S.C. § 1671 et seq.), an employer generally may not fire an employee because their earnings have been garnished for any one indebtedness — a single debt. This protection can weaken when multiple separate debts trigger multiple garnishments, so an employee facing several should seek advice.
Claiming exemptions and the head-of-family cap
The core debtor remedy is to claim an exemption or move to quash the garnishment in the court that issued the writ. Common grounds include qualifying as head of family (so the lower RSMo § 525.030 cap applies), exempt income, or the employer withholding more than the cap allowed. Filing promptly and in writing — with proof such as pay stubs and dependents' information — is essential, and the debtor is generally entitled to a hearing.
Challenging the judgment or calculation
If the garnishment rests on a default judgment entered without proper notice, the debtor may move to set it aside; if it falls, the garnishment falls with it. A debtor may also object that disposable earnings were miscalculated, that the writ was defective, or that the debt was already satisfied, and ask the court to return over-collected funds.
Frequently Asked Questions
Can a creditor garnish wages in Missouri without a judgment?
Generally no. For ordinary debts, the creditor must first sue, obtain a money judgment, and then have the court issue a writ under RSMo Chapter 525. Child support and maintenance (income withholding), unpaid federal taxes, and defaulted federal student loans are exceptions that can be garnished administratively.
How much of a paycheck can be garnished?
Federal law (15 U.S.C. § 1673) caps ordinary wage garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Missouri provides a lower 10% cap under RSMo § 525.030 for a head of a family. The employee gets whichever limit protects more pay.
What must an employer do when served with a garnishment?
File a sworn answer with the court within the required time, withhold the capped portion of disposable earnings each pay period, and remit it to the court. Withholding continues until the debt is satisfied, the period ends, or the court orders it stopped.
What happens if an employer ignores a wage garnishment?
An employer properly served that fails to answer or withhold can be held liable to the creditor — potentially for the entire judgment amount, not just the sum it should have withheld.
Can an employee be fired for a wage garnishment?
Under the federal CCPA (15 U.S.C. § 1671 et seq.), an employer generally cannot fire an employee because their wages are garnished for a single debt. That protection may not extend to multiple garnishments for separate debts.
How does a debtor challenge a wage garnishment?
File a claim of exemption or motion to quash with the court that issued the writ — asserting head-of-family status under RSMo § 525.030, an exemption, or an over-withholding error — and serve the creditor. If the underlying judgment was a default entered without notice, moving to set it aside can end the garnishment entirely.
Legal Disclaimer
This guide provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Wage-garnishment limits, exemptions, employer duties, and deadlines depend on your specific judgment, income, and circumstances; consult a qualified Missouri attorney promptly if you are facing, processing, or pursuing a wage garnishment.