Garnishment

[gilbertlouis]

What is the name of your state (only U.S. law)? Mo.

I won a civil case against an individual. I then filed the necessary paperwork to have their wages garnished. Their place of employment was served on June first of this year and the paperwork returned to the courthouse. As of July 7th their wages still have not been garnished. Isn't there some kind of time limit that they have to do this? Can they just decide they're not going to garnish their wages?

Thanks
gilbertlouis

 

[single317dad]

How much does he earn?

http://www.moga.mo.gov/mostatutes/stathtml/52500000301.HTML

http://www.moga.mo.gov/mostatutes/stathtml/52500000301.HTML

2. The maximum part of the aggregate earnings of any individual for any workweek, after the deduction from those earnings of any amounts required by law to be withheld, which is subjected to garnishment may not exceed (a) twenty-five percentum, or, (b) the amount by which his aggregate earnings for that week, after the deduction from those earnings of any amounts required to be withheld by law, exceed thirty times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, or, (c) if the employee is the head of a family and a resident of this state, ten percentum, whichever is less.

If he doesn't net at least 30x minimum wage, there's nothing to garnish.

 

[gilbertlouis]

Thank you for your reply. When you receive your money from a garnishment depends on the place of employment of the garnishee. Some places send the money to the courthouse weekly, some monthly. Some turn all of the money in on the end date that you have determined. The later is why no money has shown up. I will receive it within 10 days of the end date.

Thank you for your help