garnishments

[EMAIL=magpies2@mybluelight.com]magpies2@mybluelight.com[/EMAIL]
Does anyone know the legal percentage for garnishments of wages in the State of Mo.
My daughter-in-laws, paycheck is being garnished 60% for a judgement for a car accident. She says she was never notified about a court date which is possible since she was living here with me at the time and no one ever showed up here to serve her.

[Ladynred]

60 percent !!! WOW... that's a lot, is it only 1 judgment ?
Here's the law in MO:

"Minimum 75% of earned but unpaid wages (are exempt) (90% for head of family)"

In other words, the minimum they can take is 25% of her disposable income. How long ago was the judgment granted ?? Can she qualify for head of household ? Do you know HOW she was supposedly served ? If she was improperly served, then its possible the judgment could be vacated. You can get copies of the judgment from the court who issued it and also find out HOW she was supposedly served. Unfortunately, in some states, they can publish in the newspaper and it will be considered proper service. You'll have to find out what constitutes proper service in MO, if they have to serve in person, via a process server or sheriff, or by certified mail or even first class mail. Sometimes they can simply leave the papers at the last known address, which is stupid but it happens and can be legal.


Here's a link to the MO statute on judgment and service of summons':

[url]http://www.moga.state.mo.us/statutes/c500-599/5350030.htm[/url]

[EMAIL=magpies2@mybluelight.com]magpies2@mybluelight.com[/EMAIL]
thanks it is only one judgement and I thought 60% was extremely high also. she wasn't served anything she was liviing here and no one showed up and they knew where to find her

[Ladynred]

If you know, for a fact, that they DID have her address there with you, then you may have a case for improper service. You need to get a copy of the judgment papers and the papers that show how, when, and where the papers were served to start.