Unlawful garnishment?

[Allen121]

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

#1 - Is it legal in Missouri to serve someone for a small claims court appearance by certified mail? And if that letter is undelivered does the attempt to serve in that fashion allow the plaintiff to proceed with a court date unknown to the defendant?

#2 - Is is legal to garnish someone's SSDI disability back pay? My understanding is that disability payments cannot be intercepted or garnished in any fashion over an unpaid hospital bill or other private business debt, and was wondering if lump sum back-payments from disability are equally immune?

#3 - Can such a garnishment be done without a court judgement?

Thanks for any help anyone can offer.

 

[PayrollHRGuy]

#1 Yes (See Law)& Kind of no. They can continue the case but they will have to find another way to serve you.

142.02. Service of Summons

Service may be made by methods for obtaining service of process in circuit courts or by mailing a copy of both the summons and the petition to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee. If service by mail is attempted, the envelope and the return receipt shall be stamped with the docket number of the case. The receipt for certified mail shall state the name and address of the addressee and the date of mailing and shall be attached to the original summons. The return receipt when signed by the addressee or, if the addressee is a corporation, its agent, and when returned to the clerk of the small claims division, shall be attached to the original summons. If the return receipt shows delivery at least ten days before the day for appearance, it shall constitute proof of service.

#2 No

#3 Not in your case as I think I understand it.

 

[FlyingRon]

#1 - Is it legal in Missouri to serve someone for a small claims court appearance by certified mail? And if that letter is undelivered does the attempt to serve in that fashion allow the plaintiff to proceed with a court date unknown to the defendant?

In fact, it is the only way. If you don't get the return receipt, then you haven't proved service. There are more options available to plaintiffs in circuit court.

#2 - Is is legal to garnish someone's SSDI disability back pay? My understanding is that disability payments cannot be intercepted or garnished in any fashion over an unpaid hospital bill or other private business debt, and was wondering if lump sum back-payments from disability are equally immune?

SSDI can only be garnished for governement debts (back taxes or student loans) or for child support. If however you intermingle your SSDI money in with other funds, then they can be attached.

#3 - Can such a garnishment be done without a court judgement?

Not for private debts.

Thanks for any help anyone can offer.

You'd have to explain the situation for any real help.

 

[PayrollHRGuy]

In fact, it is the only way. If you don't get the return receipt, then you haven't proved service. There are more options available to plaintiffs in circuit court.

I don't think so. The law reads "Service may be made by methods for obtaining service of process in circuit courts or by mailing a copy of both the summons and the petition to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee. "

 

[FlyingRon]

I don't think so. The law reads "Service may be made by methods for obtaining service of process in circuit courts or by mailing a copy of both the summons and the petition to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee. "

Ah, you are right.

 

[latigo]

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

#1 - Is it legal in Missouri to serve someone for a small claims court appearance by certified mail? And if that letter is undelivered does the attempt to serve in that fashion allow the plaintiff to proceed with a court date unknown to the defendant?

#2 - Is it legal to garnish someone's SSDI disability back pay? My understanding is that disability payments cannot be intercepted or garnished in any fashion over an unpaid hospital bill or other private business debt, and was wondering if lump sum back-payments from disability are equally immune?

#3 - Can such a garnishment be done without a court judgment?

Thanks for any help anyone can offer.

Yes, personal service of a summons out of a small claims court can be obtained by "mailing a copy of the summons and the complaint to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee".

However, such means of service IS NOT COMPLETE unless the return receipt is stamped with the docket number of the case, signed by the addressee and affixed to the original summons.
(See: Missouri Revised Statutes Title XXXII "Courts, Chapter 482 Section 482.350)

With certain listed exceptions Section 207 of the Social Security Act protects all social security benefits from garnishment.

I'm not prepared to say whether or not Missouri law permits pre-judgment garnishments. Instinct tells me that in any event such would not be available in a small claims action.