Missouri Motion for Default Judgment against Garnishee

State:
Multi-State
Control #:
US-02714BG
Format:
Word; 
Rich Text
Instant download

Description

Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

To stop wage garnishment means that you no longer have to pay creditors. For instance, one way to stop a wage garnishment is by returning to the local court which issued the judgment and request the wage garnishment be stopped. You will have to file paperwork and request a court hearing.

You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

Missouri Rule of Civil Procedure 74.05(d) states that in order to have a default judgment set aside, a party must state facts ?constituting a meritorious defense? and show ?good cause.? The court in Bryant reminds us that there is an initial pleading requirement as well.

Limits on Wage Garnishment in Missouri 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.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

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.

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.

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.

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Missouri Motion for Default Judgment against Garnishee