I'm Being Garnished in Missouri — What Income Is Protected?

So the worst thing you can do right now is freeze. The deadlines to claim an exemption are short, often just days. This guide walks you through what's protected, what's capped, and the steps to keep money that's legally yours — read the paperwork, find the deadline, and act fast.

First, figure out what kind of garnishment this is

Before you do anything else, identify what's being garnished, because the rules differ.

• Wage garnishment skims a capped percentage from each paycheck through your employer, over time, until the judgment is paid.
• Bank account garnishment is a one-time grab — the bank freezes the balance the moment it's served and, after a court order, hands the non-exempt part to the creditor.
• Read the papers carefully. The writ (or the notice you receive) names the court, the creditor, the judgment, and — crucially — the deadline and the form for claiming an exemption. Circle that date. It is the single most important thing on the page.

For ordinary consumer or commercial debts, a creditor can't garnish anything until it has sued you, won a money judgment, and gotten a court-issued writ. Child support and unpaid taxes follow different rules and allow higher garnishment — more on that below.

How much of your wages can actually be taken

Two limits apply to an ordinary wage garnishment — one federal, one Missouri — and you get whichever one protects more of your pay. Both run on your disposable earnings: gross pay minus deductions required by law (taxes, Social Security, Medicare). Voluntary deductions like 401(k) or insurance generally don't reduce that figure.

• The federal cap. The federal Consumer Credit Protection Act (15 U.S.C. § 1671 et seq.; the formula is at 15 U.S.C. § 1673) limits an ordinary garnishment to the lesser of 25% of your disposable earnings, or the amount by which your disposable earnings exceed 30 times the federal minimum wage. If you earn little enough, that second prong can mean nothing is taken.
• Missouri's head-of-family cap. Missouri is more generous. Under Chapter 525 (the formula is at RSMo § 525.030), if you're the head of a family — you provide more than half the support of a spouse, child, or dependent — the limit drops to about 10% of disposable earnings instead of 25%. You take the lower number.

Claiming head-of-family status when it genuinely applies can cut what's withheld by more than half. But it's not assumed — you generally have to assert it.

One caution: child support, spousal maintenance, and unpaid taxes are different. They allow a larger share of your pay and follow their own rules, so the 25%/10% caps above don't shield you from those.

What income can't be garnished at all

Some money is fully exempt — ordinary creditors generally can't reach it no matter what. This includes:

• Social Security retirement and disability (SSDI)
• Supplemental Security Income (SSI)
• Veterans' (VA) benefits and most other federal benefits
• Many public-assistance payments and retirement funds

There's a powerful federal backstop for these. When federal benefits are direct-deposited into your account, a Treasury rule — 31 C.F.R. Part 212 — requires your bank to automatically protect up to two months' worth of those benefits from a garnishment, without you lifting a finger. The bank reviews the account and shields that "safe" amount on its own.

That automatic shield is strong but imperfect. It applies to benefits received by electronic direct deposit, not paper check, cash, or wire, and it can break down when exempt benefits are commingled with non-exempt money like wages. Keep exempt benefits in a separate account when you can, and be ready to prove the source of every protected dollar with award letters and statements.

Missouri's exemptions — but you usually must claim them

Beyond fully exempt federal benefits, Missouri's own exemption statutes (Chapter 513) can protect bank funds and personal property a creditor is trying to reach.

• Personal-property exemptions under RSMo § 513.430 shield a limited dollar amount of specific property.
• A head-of-household allowance and a "wildcard" exemption can protect additional value, including some money in your account.
• State public-assistance benefits are commonly protected as well.

Here's the part that trips people up: with the narrow exception of the federal Treasury auto-protection above, these exemptions are not automatic. You must claim them — typically by filing a claim of exemption with the court that issued the writ, in writing and before the deadline. Miss the deadline or stay silent, and you can waive a protection you were fully entitled to. The exemption doesn't enforce itself; you do.

What to do right now, step by step

Move quickly and on paper. Verbal protests don't count for much here.

• Read the writ and find the deadline. Identify the court, the claim-of-exemption form, and exactly how many days you have. These windows are short.
• Assert head-of-family status in writing. If you support a spouse, child, or dependent, claim the lower Missouri cap under RSMo § 525.030 right away, with proof — pay stubs and information about your dependents.
• Claim exempt funds in writing. If the money is Social Security, SSI, VA, public assistance, or covered by a Chapter 513 exemption, file a claim of exemption with the issuing court and serve the creditor. Attach proof of the source.
• If exempt benefits were frozen, notify the court and bank fast. Bring the benefit award letters and bank statements that trace the deposits, and ask that the protected funds be released.
• Consider negotiating. A creditor may accept a payment plan or settlement rather than a slow, contested garnishment — sometimes that's the calmest path.
• Get help fast. Because exemption deadlines are so tight, talk to a qualified Missouri attorney or a legal-aid office immediately rather than waiting to see what happens.

Frequently Asked Questions