Garnishment is a post-judgment collection tool: after a creditor wins a money judgment, the creditor obtains a court order directing a third party who holds the debtor's money — usually an employer (wages) or a bank (account funds) — to turn it over toward the debt. It is the mechanism that converts a paper judgment into actual dollars, and in Missouri it carries built-in limits that protect a portion of the debtor's income.
How garnishment works in Missouri
A creditor cannot garnish anything until it has first sued the debtor, won, and obtained a money judgment. Only then may the creditor ask the court to issue a writ of garnishment, which is served on the third party holding the debtor's money rather than on the debtor.
There are two common targets. With wage garnishment, the debtor's employer withholds a capped share of each paycheck; this is typically continuous, running over multiple pay periods until the judgment is satisfied. With bank garnishment, the debtor's bank holds account funds, usually as a one-time snapshot of the balance when the writ is served.
Missouri garnishment is governed by Chapter 525 RSMo. Wage garnishment is limited by exemptions under RSMo § 525.030 — generally 25% of disposable earnings, or 10% for the head of a family — and the federal Consumer Credit Protection Act also caps how much of a paycheck can be taken.
Why it matters
For debtors, garnishment can feel like an ambush, but it comes with protections: the percentage caps shield part of every paycheck, and certain income is exempt. Knowing the limits — and how to assert them — can preserve money the debtor needs to live on.
For creditors, garnishment is often the most effective way to collect on a judgment that the debtor will not pay voluntarily. Used correctly, it reaches wages or accounts directly; used carelessly, it can sweep exempt funds and be unwound by the court.
Frequently Asked Questions
Can a creditor garnish without going to court first?
Generally no. For ordinary debts, the creditor must first sue, obtain a money judgment, and then have the court issue a writ of garnishment under Chapter 525 RSMo. Child support, unpaid federal taxes, and defaulted federal student loans follow separate tracks.
How much of my wages can be garnished in Missouri?
Under RSMo § 525.030, the cap is generally 25% of disposable earnings, or 10% for a head of family. The federal Consumer Credit Protection Act also limits the amount, and you get the benefit of whichever limit protects more of your pay.
What is the difference between wage and bank garnishment?
Wage garnishment is typically continuous, withholding a capped percentage from successive paychecks. Bank garnishment is usually a one-time snapshot, reaching the non-exempt funds in the account at the moment the writ is served.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.