Missouri Suggestion for Writ of Garnishment

State:
Multi-State
Control #:
US-00987
Format:
Word; 
Rich Text
Instant download

Description

This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
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FAQ

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

To claim the head of family exemption, you must complete the affidavit on page one. Return the completed affidavit to your employer for computing the garnishment percentage. NOTE: When you receive notice of a garnishment, you should immediately check with your employer.

You can also stop the garnishment by filing for bankruptcy. When you file a bankruptcy petition, the automatic stay rule takes effect immediately. This stops all collection actions against you, including wage garnishments.

P. 90.03. Rule 90.03 - Service on Garnishee-Return of Service-Return Date-Service of Subsequent Pleadings and Papers (a) The garnishee shall be served with summons and the writ of garnishment.

Rule 94.03 states: Application for a writ of mandamus shall be made by filing a petition in mandamus in the appropriate court.

Under Missouri law, for any workweek, a creditor can garnish the lesser of: 25% of your disposable earnings, or 10% of your disposable earnings if you're the head of a family and a resident of the state, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

97.03. Application for a writ of prohibition shall be made by filing a petition in prohibition in the appropriate court. The petition in prohibition shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue.

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Missouri Suggestion for Writ of Garnishment