Law and Public Safety

Law and Public Safety


St. Louis County Sheriff's Office


GARNISHMENT EXEMPTION

HOW TO FILE AN EXEMPTION REGARDING NON-WAGE GARNISHMENT

 

Non-Wage Garnishment - Generally
A summons in garnishment is issued by the court on the request of a creditor (Judgment Creditor) who holds a Judgment against you, the Judgment Debtor. The garnishment orders the Garnishee to seize funds such as a bank account, or other property owned by you to be taken to pay the judgment. The garnishee is summoned to locate and send the garnished funds to the court on or 10 days after the return date located on the garnishment. You will be notified within 3 days after the Sheriff's Office has levied a garnishment on your bank account or other property. The notice will notify the person that certain property, if any, is exempt under section 513 RSMo.

Non-Wage Garnishment The creditor files a garnishment action against a bank (Garnishee) where you have one or more accounts, to "freeze" any account(s) you have with the bank. You are usually not notified of the garnishment action until after the account is frozen. After freezing, no payments are made by the bank from the account(s) and any monies that flow into the account(s) become part of the frozen funds.

Debtor Remedy Upon receipt of the Notice of Levy from the St. Louis County Sheriff's Office pursuant to Supreme Court Rule 76.075, debtor may claim an exemption by printing Judgment Debtor's Claim for Exemption form and file your request in person or by mail, and must do so within twenty (20) days after notice of levy. Any exemption allowed by federal law may be claimed at any time prior to the disbursement of funds. Before filing or mailing claim for exemption make sure the Judgment Debtor's Signature has a completed Notary endorsement. If you file your request by mail, please include a daytime phone number.















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