Law and Public Safety

Law and Public Safety


St. Louis County Sheriff's Office

Wage Garnishment


 

Garnishment is a means by which a judgment creditor (garnishor) my seize assets of a judgment debtor in the possession of or controlled by a third party (garnishee), in order to satisfy a judgment debt. When the garnishee is debtor’s employer, the process is called Wage Garnishment and the money owed to the debtor is his or her salary or wages.

U. S. and Missouri law limit the amount of wages that may be garnished from any single paycheck in satisfaction of most* debts, to the extent that the lesser of the following may be garnished:

 

  • 25% of disposable income, defined as income remaining after legally required deductions and only legally required deductions, like FICA, Federal Withholding, and State Withholding taken from a person’s salary; or      
  • The amount which a debtor’s weekly income exceeds 30 times the minimum wage; or

       

    • If debtor is the Head of Household, only 10% of their non-exempt disposable income can be garnished. For the primary or sole wage earner of a family, 90% of his or her income is protected from garnishment.

    • The 25% and 10% of income as described in the 1st and 3rd bullets above refers to the maximum amount of income that can be garnished from any single paycheck, no matter how many judgment creditors.

     

    * Exceptions to the above described restrictions to garnishment do not apply to Bankruptcy Court orders or Bankruptcy law, or to debts due for federal or state taxes, or to court orders for the support of any person i.e. Child Support.

    For questions about the Head of Household Exemption employees should contact their payroll department (garnishee) to determine whether the adjustment applies to their garnishment. St. Louis County Sheriff Office DOES NOT PROVIDE HEAD OF HOUSEHOLD EXEMPTION FORMS. See affidavit and instructions on your right.

    Garnishee and Debtors can review Missouri law on wage garnishments via the internet by searching Missouri Revised Statutes then entering 525.030 in the ‘keywords to search for; block and then clicking on the RSMO 525.030link or read Application Provisions Relating to Garnishments, which are located on second page of the Garnishment form.



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