I Got a Garnishment Notice From My Employee's Creditor (Missouri)

Here's the part that should focus your attention: if you ignore the writ, blow the answer deadline, or fail to withhold correctly, a Missouri court can hold you liable — potentially for the entire judgment against your employee, not just the slice you should have taken from their check. So the goal of this guide is simple: help you move quickly, calculate the right amount, and keep clean records so the garnishment costs you nothing but a little payroll effort.

First, read the writ and calendar the deadline

Before anything else, open the document and find two things: the answer deadline and the withholding instructions.

• Calendar the answer deadline immediately. The writ tells you how long you have to file your answer with the court. Missouri wage garnishment runs through RSMo Chapter 525 and Missouri Supreme Court Rule 90, and the answer window is short. Missing it is the single most common way employers get burned.
• Identify the garnishment type. Is this an ordinary judgment garnishment, a child-support income-withholding order, or a tax levy? The type changes how much you withhold and which obligation gets paid first. The document will say.
• Confirm the employee actually works for you. If the named person isn't your employee (or no longer is), you still have to answer and say so. Silence is what creates liability, not the absence of wages.
• Read the remittance instructions. Note where the money goes — typically to the court, not directly to the creditor — and how often.

File your answer with the court

The answer is a sworn statement you file with the court that issued the writ. It tells the court whether you employ the named person and what wages you owe or hold.

• File it on time, every time. Even an answer of "this person doesn't work here" must be filed. An employer that is properly served but fails to answer can be held liable to the creditor for the full judgment.
• Be accurate and sworn. You're attesting under oath, so confirm employment status and pay details with your payroll records before you sign.
• Keep a copy. Date-stamp it and save proof of filing. If a dispute arises later, your filed answer is your first line of defense.

Treat the answer as the trigger that protects you. Once it's filed correctly and on time, the rest is execution.

Calculate the right amount — don't over- or under-withhold

This is where employers stumble, because two caps apply and you must use the one that protects your employee more. Both operate on disposable earnings — gross pay minus deductions required by law (taxes, Social Security, Medicare). Voluntary deductions like 401(k) or health premiums are generally not subtracted.

• The federal cap (CCPA). The federal Consumer Credit Protection Act (15 U.S.C. § 1671 et seq., with the limits at 15 U.S.C. § 1673) caps an ordinary garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. If 30 times the minimum wage equals or exceeds the week's disposable earnings, you withhold nothing.
• Missouri's head-of-family cap. Missouri is more protective. Under RSMo § 525.030 within Chapter 525, the limit for a head of a family — someone providing more than half the support of a spouse, child, or dependent — is commonly described as 10% of disposable earnings instead of 25%. Apply the more protective limit.
• Child support and tax levies are different. These follow separate, higher rules and take priority. Support withholding can reach a larger share (often 50–65%) of disposable earnings, and a federal tax levy uses the IRS's own formula. Don't run these through the ordinary 25%/10% math.

When in doubt, lean on your payroll provider or a Missouri attorney to confirm the calculation. Over-withholding shorts your employee; under-withholding exposes you.

Withhold, remit, and notify — then keep records

Once you know the amount, the job becomes a recurring payroll task.

• Withhold each pay period. A Missouri wage garnishment is typically a continuing garnishment — one writ reaches successive paychecks over a set period without re-serving you. Recalculate the capped amount for each period.
• Remit as directed. Send the withheld funds to the court (or wherever the writ specifies) on schedule. Never pocket it or hold it informally.
• Notify the employee. Give your worker a copy of the writ or a written heads-up so they understand what's happening and can claim an exemption or head-of-family status if it applies.
• Keep meticulous records. Log every calculation, withholding, and remittance with dates and amounts. Your records prove you complied if anyone later questions it.
• Stop when it's over. When the judgment is satisfied or the court releases the writ, stop withholding. Don't keep taking money after the obligation ends.

Do not retaliate against the employee

It is tempting to see a garnishment as a hassle the employee created — but acting on that feeling can be costly.

• You cannot fire over a single garnishment. Federal law (15 U.S.C. § 1674) prohibits discharging an employee because their wages were garnished for any one indebtedness. Terminating — or disciplining — over a single garnishment can expose you to penalties.
• The protection narrows with multiple debts. The single-debt shield may not extend to garnishments arising from several separate indebtednesses, but tread carefully and get advice before treating an employee differently because of a garnishment.
• Handle multiple garnishments by priority and timing. If more than one writ competes for the same paycheck, support orders come first, and ordinary judgments generally line up first-in-time. Never stack ordinary garnishments beyond the legal cap.

Frequently Asked Questions