Missouri Claim of Exemption
File a Missouri claim of exemption to stop wage garnishment. Learn the CV96 form, the head-of-family 10% limit, what income is exempt, and the 20-day deadline.
Introduction
A Missouri claim of exemption is a form you file to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a judgment, it can serve a garnishment on your employer or bank and pull money from your pay or account. In Missouri you file a verified Judgment Debtor's Claim for Exemption, form CV96, with the levying officer within 20 days after you get notice of the levy. Missouri gives a head of family strong protection, limiting garnishment to 10 percent of disposable earnings instead of the usual cap. Some income, like Social Security, is exempt no matter the debt. Money can be held while the claim is decided, so file quickly, and if the levying officer's decision goes against you, you can ask the circuit court to review it. DocDraft prepares a Missouri claim of exemption from your details, and attorney review is available before you file.
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Key Things to Know
- 1
A Missouri claim of exemption is a form you file to protect some or all of your wages or bank funds from garnishment. It tells the levying officer and the court the money is exempt, meaning the law does not let a creditor take it.
- 2
You file a verified Judgment Debtor's Claim for Exemption, form CV96, with the levying officer within 20 days after notice of the levy, under section 513.445. Missing that window can forfeit protection the law would have given you.
- 3
A head of family who lives in Missouri gets much stronger protection. Under section 525.030 garnishment is limited to 10 percent of disposable earnings for a resident head of family, instead of the standard cap, and you claim it on the CV96 form.
- 4
For everyone else, Missouri follows the federal wage limit. A creditor can take the lesser of 25 percent of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, which is 217.50 dollars.
- 5
Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
- 6
Money can be held while the claim is decided. Because a garnishment reaches your pay or account until the claim is resolved, filing the CV96 quickly limits what you lose.
- 7
You can ask the court to review the decision. If the levying officer's ruling on your claim goes against you, you can file a request for court review, and the hearing is held no later than 30 days after you file it.
Key decisions before you file
Before you file a Claim of Exemption in Missouri, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
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Missouri Requirements for Claim of Exemption
Missouri Filing Deadline and Office
File the Missouri claim of exemption with the correct office, the court or the levying officer as Missouri directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.