Persons exempted from summons as garnishee, when--amount to bewithheld from wages, how computed--earnings defined--penalty.
525.030. 1. No sheriff or other officer charged with thecollection of money shall, prior to the return day of anexecution or other process upon which the same may be made, beliable to be summoned as garnishee; nor shall any countycollector, county treasurer or municipal corporation, or anyofficer thereof, or any administrator or executor of an estate,prior to an order of distribution, or for payment of legacies, orthe allowance of a demand found to be due by his estate, beliable to be summoned as garnishee; nor shall any person be socharged by reason of his having drawn, accepted, made or endorsedany promissory note, bill of exchange, draft or other security,in its nature negotiable, unless it be shown at the hearing thatsuch note, bill or other security was the property of thedefendant when the garnishee was summoned, and continued so to beuntil it became due.
2. The maximum part of the aggregate earnings of anyindividual for any workweek, after the deduction from thoseearnings of any amounts required by law to be withheld, which issubjected to garnishment may not exceed (a) twenty-fivepercentum, or, (b) the amount by which his aggregate earnings forthat week, after the deduction from those earnings of any amountsrequired to be withheld by law, exceed thirty times the federalminimum hourly wage prescribed by section 6(a)(1) of the FairLabor Standards Act of 1938 in effect at the time the earningsare payable, or, (c) if the employee is the head of a family anda resident of this state, ten percentum, whichever is less.
The restrictions on the maximum earnings subjected togarnishment do not apply in the case of any order of any courtfor the support of any person, any order of any court ofbankruptcy under chapter XIII of the Bankruptcy Act or any debtdue for any state or federal tax.
For pay periods longer than one week, the provisions ofsubsection 2(a) and (c) of this section shall apply to themaximum earnings subjected to garnishment for all workweekscompensated, and under subsection 2(b) of this section, the"multiple" of the federal minimum hourly wage equivalent to thatapplicable to the earnings subject to garnishment for one weekshall be represented by the following formula: The number ofworkweeks or fractions thereof (x) x 30 x the applicable federalminimum wage. For the purpose of this formula, a calendar monthshall be considered to consist of 4 1/3 workweeks, a semimonthlyperiod to consist of 2 1/6 weeks. The "multiple" for any otherpay period longer than one week shall be computed in a mannerconsistent herewith.
The restrictions on the maximum amount of earnings subjectedto garnishment shall also be applicable to all proceedingsinvolving the sequestration of wages of employees of allpolitical subdivisions.
The term "earnings" as used herein means compensation paid orpayable for personal services, whether denominated as wages,salary, commission, bonus, or otherwise, and includes periodicpayments pursuant to a pension or retirement program.
3. In any proceeding of garnishment or sequestration ofwages under the provisions of sections 525.010 to 525.480, themaximum part of the aggregate earnings of any individual in anyworkweek which shall be subject to garnishment or sequestrationpursuant to the provisions of subsection 2 of this section shallbe construed to constitute all wages or earnings of the defendantin the garnishee's possession or charge or to be owing by him tothe defendant in that week.
4. No notice, summons, or writ of garnishment, orsequestration of wages issued or served under sections 525.010 to525.480 shall attach or purport to attach any wages in excess ofthe amounts prescribed in subsection 2 of this section and eachsuch notice, summons, or writ shall have clearly and legiblyreproduced thereon the provisions of subsections 2, 5 and 6 ofthis section.
5. No employer may discharge any employee by reason of thefact that his earnings have been subjected to garnishment orsequestration for any one indebtedness.
6. Whoever willfully violates the provisions of subsection 5of this section is guilty of a misdemeanor.
(1974) Former employer who failed to withhold when garnished, thereby becoming liable for full amount of child support judgment and took assignment of that claim could not when he garnished subsequent employer obtain more than ten percent since claim no longer was an "order for the support of any person". Brown v. Brewington (A.), 513 S.W.2d 768.
(1978) Garnishment to collect an attorney's fee under Dissolution of Marriage Act is not an order for the support of any person and is therefore subject to limitations of Consumer Credit Protection Act and corresponding Missouri statute. Dyche v. Dyche (Mo.), 570 S.W.2d 293.
(1979) Spendthrift provision of union vacation trust fund which purported to prevent garnishment of wages and earnings held by the trust on behalf of participants was contrary to wage garnishment statute and therefore invalid as contrary to public policy. Electrical Workers v. IBEW-NECA Holiday Trust Fund (Mo.), 583 S.W.2d 154.
Persons exempted from summons as garnishee, when--amount to bewithheld from wages, how computed--earnings defined--penalty.
525.030. 1. No sheriff or other officer charged with thecollection of money shall, prior to the return day of anexecution or other process upon which the same may be made, beliable to be summoned as garnishee; nor shall any countycollector, county treasurer or municipal corporation, or anyofficer thereof, or any administrator or executor of an estate,prior to an order of distribution, or for payment of legacies, orthe allowance of a demand found to be due by his estate, beliable to be summoned as garnishee; nor shall any person be socharged by reason of his having drawn, accepted, made or endorsedany promissory note, bill of exchange, draft or other security,in its nature negotiable, unless it be shown at the hearing thatsuch note, bill or other security was the property of thedefendant when the garnishee was summoned, and continued so to beuntil it became due.
2. The maximum part of the aggregate earnings of anyindividual for any workweek, after the deduction from thoseearnings of any amounts required by law to be withheld, which issubjected to garnishment may not exceed (a) twenty-fivepercentum, or, (b) the amount by which his aggregate earnings forthat week, after the deduction from those earnings of any amountsrequired to be withheld by law, exceed thirty times the federalminimum hourly wage prescribed by section 6(a)(1) of the FairLabor Standards Act of 1938 in effect at the time the earningsare payable, or, (c) if the employee is the head of a family anda resident of this state, ten percentum, whichever is less.
The restrictions on the maximum earnings subjected togarnishment do not apply in the case of any order of any courtfor the support of any person, any order of any court ofbankruptcy under chapter XIII of the Bankruptcy Act or any debtdue for any state or federal tax.
For pay periods longer than one week, the provisions ofsubsection 2(a) and (c) of this section shall apply to themaximum earnings subjected to garnishment for all workweekscompensated, and under subsection 2(b) of this section, the"multiple" of the federal minimum hourly wage equivalent to thatapplicable to the earnings subject to garnishment for one weekshall be represented by the following formula: The number ofworkweeks or fractions thereof (x) x 30 x the applicable federalminimum wage. For the purpose of this formula, a calendar monthshall be considered to consist of 4 1/3 workweeks, a semimonthlyperiod to consist of 2 1/6 weeks. The "multiple" for any otherpay period longer than one week shall be computed in a mannerconsistent herewith.
The restrictions on the maximum amount of earnings subjectedto garnishment shall also be applicable to all proceedingsinvolving the sequestration of wages of employees of allpolitical subdivisions.
The term "earnings" as used herein means compensation paid orpayable for personal services, whether denominated as wages,salary, commission, bonus, or otherwise, and includes periodicpayments pursuant to a pension or retirement program.
3. In any proceeding of garnishment or sequestration ofwages under the provisions of sections 525.010 to 525.480, themaximum part of the aggregate earnings of any individual in anyworkweek which shall be subject to garnishment or sequestrationpursuant to the provisions of subsection 2 of this section shallbe construed to constitute all wages or earnings of the defendantin the garnishee's possession or charge or to be owing by him tothe defendant in that week.
4. No notice, summons, or writ of garnishment, orsequestration of wages issued or served under sections 525.010 to525.480 shall attach or purport to attach any wages in excess ofthe amounts prescribed in subsection 2 of this section and eachsuch notice, summons, or writ shall have clearly and legiblyreproduced thereon the provisions of subsections 2, 5 and 6 ofthis section.
5. No employer may discharge any employee by reason of thefact that his earnings have been subjected to garnishment orsequestration for any one indebtedness.
6. Whoever willfully violates the provisions of subsection 5of this section is guilty of a misdemeanor.
(1974) Former employer who failed to withhold when garnished, thereby becoming liable for full amount of child support judgment and took assignment of that claim could not when he garnished subsequent employer obtain more than ten percent since claim no longer was an "order for the support of any person". Brown v. Brewington (A.), 513 S.W.2d 768.
(1978) Garnishment to collect an attorney's fee under Dissolution of Marriage Act is not an order for the support of any person and is therefore subject to limitations of Consumer Credit Protection Act and corresponding Missouri statute. Dyche v. Dyche (Mo.), 570 S.W.2d 293.
(1979) Spendthrift provision of union vacation trust fund which purported to prevent garnishment of wages and earnings held by the trust on behalf of participants was contrary to wage garnishment statute and therefore invalid as contrary to public policy. Electrical Workers v. IBEW-NECA Holiday Trust Fund (Mo.), 583 S.W.2d 154.
Persons exempted from summons as garnishee, when--amount to bewithheld from wages, how computed--earnings defined--penalty.
525.030. 1. No sheriff or other officer charged with thecollection of money shall, prior to the return day of anexecution or other process upon which the same may be made, beliable to be summoned as garnishee; nor shall any countycollector, county treasurer or municipal corporation, or anyofficer thereof, or any administrator or executor of an estate,prior to an order of distribution, or for payment of legacies, orthe allowance of a demand found to be due by his estate, beliable to be summoned as garnishee; nor shall any person be socharged by reason of his having drawn, accepted, made or endorsedany promissory note, bill of exchange, draft or other security,in its nature negotiable, unless it be shown at the hearing thatsuch note, bill or other security was the property of thedefendant when the garnishee was summoned, and continued so to beuntil it became due.
2. The maximum part of the aggregate earnings of anyindividual for any workweek, after the deduction from thoseearnings of any amounts required by law to be withheld, which issubjected to garnishment may not exceed (a) twenty-fivepercentum, or, (b) the amount by which his aggregate earnings forthat week, after the deduction from those earnings of any amountsrequired to be withheld by law, exceed thirty times the federalminimum hourly wage prescribed by section 6(a)(1) of the FairLabor Standards Act of 1938 in effect at the time the earningsare payable, or, (c) if the employee is the head of a family anda resident of this state, ten percentum, whichever is less.
The restrictions on the maximum earnings subjected togarnishment do not apply in the case of any order of any courtfor the support of any person, any order of any court ofbankruptcy under chapter XIII of the Bankruptcy Act or any debtdue for any state or federal tax.
For pay periods longer than one week, the provisions ofsubsection 2(a) and (c) of this section shall apply to themaximum earnings subjected to garnishment for all workweekscompensated, and under subsection 2(b) of this section, the"multiple" of the federal minimum hourly wage equivalent to thatapplicable to the earnings subject to garnishment for one weekshall be represented by the following formula: The number ofworkweeks or fractions thereof (x) x 30 x the applicable federalminimum wage. For the purpose of this formula, a calendar monthshall be considered to consist of 4 1/3 workweeks, a semimonthlyperiod to consist of 2 1/6 weeks. The "multiple" for any otherpay period longer than one week shall be computed in a mannerconsistent herewith.
The restrictions on the maximum amount of earnings subjectedto garnishment shall also be applicable to all proceedingsinvolving the sequestration of wages of employees of allpolitical subdivisions.
The term "earnings" as used herein means compensation paid orpayable for personal services, whether denominated as wages,salary, commission, bonus, or otherwise, and includes periodicpayments pursuant to a pension or retirement program.
3. In any proceeding of garnishment or sequestration ofwages under the provisions of sections 525.010 to 525.480, themaximum part of the aggregate earnings of any individual in anyworkweek which shall be subject to garnishment or sequestrationpursuant to the provisions of subsection 2 of this section shallbe construed to constitute all wages or earnings of the defendantin the garnishee's possession or charge or to be owing by him tothe defendant in that week.
4. No notice, summons, or writ of garnishment, orsequestration of wages issued or served under sections 525.010 to525.480 shall attach or purport to attach any wages in excess ofthe amounts prescribed in subsection 2 of this section and eachsuch notice, summons, or writ shall have clearly and legiblyreproduced thereon the provisions of subsections 2, 5 and 6 ofthis section.
5. No employer may discharge any employee by reason of thefact that his earnings have been subjected to garnishment orsequestration for any one indebtedness.
6. Whoever willfully violates the provisions of subsection 5of this section is guilty of a misdemeanor.
(1974) Former employer who failed to withhold when garnished, thereby becoming liable for full amount of child support judgment and took assignment of that claim could not when he garnished subsequent employer obtain more than ten percent since claim no longer was an "order for the support of any person". Brown v. Brewington (A.), 513 S.W.2d 768.
(1978) Garnishment to collect an attorney's fee under Dissolution of Marriage Act is not an order for the support of any person and is therefore subject to limitations of Consumer Credit Protection Act and corresponding Missouri statute. Dyche v. Dyche (Mo.), 570 S.W.2d 293.
(1979) Spendthrift provision of union vacation trust fund which purported to prevent garnishment of wages and earnings held by the trust on behalf of participants was contrary to wage garnishment statute and therefore invalid as contrary to public policy. Electrical Workers v. IBEW-NECA Holiday Trust Fund (Mo.), 583 S.W.2d 154.
