Is There Anything I can Do

What is the name of your state? Missouri
I was awarded the judgement of $2100.00 plus court cost. Waited the 10 days and heard nothing from respondent on his paying me or arrangements of his paying me. Filed garnishment on his wages and his bank account through small claims court. Papers were served by Cape Co Sheriff Dept to his employer and at local bank branch office. Bank never sent any info as to whether respondent had an account to me or to small claims. Checked on CASE.Net and noticed that respondent had filed "Exemption as Head of Household". Called small claims and was told it was nothing to worry about that respondent filed it with his employer. Called the bank to see why there was no money after 30 days and they told me that respondent had filed EXEMPTION with them and that since I did not respond the money that was levied from his bank account was released to respondent. Called small claims office and told them what happened and she said she knew nothing about this. Called his bank and was told that it was the responsibility of the "debtor" to notify me of his exemption filing (which he did not and why would he) and that since I did not appeal or request a hearing I had no legal ground. The small claims says it is the bank error and the bank states it is the small claims fault. Needless to say I am the one left holding the bag. What action do I have? Should I have been notified? And yes, I would have appealed or requested a hearing. Respondent signed 02/10/2004 in front of notary that he was Head Of Household of 2. Paperwork of Exemption was filed with Cape Co Small Claims 02/13/2004. On 02/17/2004 his daughter moved into another home, and since then he has not been financially responsible for her.

Is there anything I can do?

"Is there anything I can do?"
*** Yes. And since I see several possible errors in your post, I suggest you start by reading and UNDERSTANDING your states processes of garnishment and execution. And then force everyone (including the court where needed) to 'play by the rules'.

Yes, rules.

I have read over the execution/garnishment application and order.
it says in the "summons to garnishee" section that the employer and bank are to file their "answers to the interrogatories served within ten days after the above return date". (02/23/2004) The papers were served to the employer and bank on 02/03/2004.

i am not sure who is at fault and what i can do. the small claims states it is a matter for me to take up with the bank and the bank states it is a matter to take up with the small claims court.

I am not sure what rules have been broken by which office?

Please advise.

Hint: What does the statute say you can do if the garnishee fails in properly responding to the garnishment order???

Unfortunetly, the form i have does not site RSMo on what action can be taken if garnishee does not comply. tried to find MO statues on the internet but not having any luck finding website. the form i have only sites 525.030 RSMo, 15U.S.C. 1672 and 15U.S.C. 1673. the form number i have is Rules 76.02 & 90.02, 452.350 RSMo.

Please advise further.

Missouri Revised Statutes can be found online at:
http://www.moga.state.mo.us/homestat.asp

good link.

Thanks for the web page info.
I have read over all of it .
Still searching for advice.
Main problem, not knowing who did what.
525.140, would that be the bank. considering them the garnishee? and not answering within the 6 days? Per case.net, bank and his employer were both served on 02/03/3004. According to small claims court the bank never responded. Per the form I filed out and gave to small claims for the garnishment, it states that the garnishee had 10 days from the return date (02/23/2004) to file their answers to the interrogatories.

Do I need a lawyer at this point? or can I do this on my own?

Please advise. Head is now swimming from the statues on garnishments, chapter 525. Not sure if I am on the right track. You mentioned you could see several errors. Maybe because I am so personally involved I have lost objectivity.

Whether you need the services of an attorney or not depends on you. There are specific penalties that can be imposed on a garnishee for failing to respond to a properly served, valid garnishment order. I would suggest you look into them.
As for who..... you said you served garnishment orders on both the bank AND their employer, so your focus should be on BOTH of them.

Come on.... you can do it if you just step back a bit and look at it logically.

Aw, the heck with it.... too much trouble to do this playing '100 questions'.....

All your answers can be found in the following:
http://www.mobar.org/esq04/feb6/bosslet.pdf

The employer as far as I know is paying $42.00 p/w. The money will not be released until the end of 90 days (04/21/04).

Sorry for the 100 questions....

Thanks for your time and all the help you have given me.

Okay....one more question..but then..maybe two...maybe 3, but then, who's counting?
Could the respondent file the "Status of Exemption Head of Family" with the bank? (or fax it to their main office)
Would this allow for the bank to release his account back to him? Should I have been notified of the exemption so I could file an appeal or requested a hearing? And if I was to be notified, who's responsibility would that have been?


I have not read anywhere that respondent could file head of household except on the form I got from small claims that concerns his wages and the amounts that would be taken if he would file head of household.

Please advise and please be patient with me. I am standing back looking at this....I need too..I have lost my reading glasses....