Missouri Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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FAQ
90.08. If the garnishee fails to answer or improperly answers interrogatories, the court shall, upon motion, order the garnishee to answer or properly answer the interrogatories.
If you are supporting a spouse, a dependent child under the age of twenty-one (21), or a dependent child who is deemed disabled by the Social Security Administration, you may be entitled to a head of family exemption from a garnishment.
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.
Most claims or defenses must be in writing and filed with the court. If you lose, the Judge will enter a judgment against you. Then your creditor may try to collect its judgment by ?attaching? your property or ?garnishing? your wages or bank account.
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.
This is the date that the Answer to Interrogatories are to be filed. If the interrogatories show that money is held, this is also the date the payment is due. For a garnishment, the "returnable date" is the date that it expires. Garnishment on salaries are usually issued for 60 or 90 days.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.
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.