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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. 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. 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. 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. 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. 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. 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. 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.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION (MISSOURI - WAGE GARNISHMENT)

Filed under Missouri Revised Statutes chapter 525 (garnishments), with the exemption claim procedure in section 513.445 and the wage limits in section 525.030. In Missouri this claim is made on the Judgment Debtor's Claim for Exemption, form CV96, which also serves as the affidavit for a head-of-family exemption. The judgment debtor claims that some or all of the wages or funds being garnished are exempt and asks that they be released.

  1. LEVYING OFFICER AND COURT Levying officer (where you file this verified claim): [LEVYING OFFICER] Circuit court that issued the writ of garnishment: [COURT NAME] Case number: [CASE NUMBER] Levy or garnishment number: [NUMBER, IF ANY]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Garnishee (employer or bank served): [EMPLOYER OR BANK NAME]

  3. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] I am the head of a family and a resident of Missouri, so garnishment is limited to 10 percent of my disposable earnings (section 525.030). [ ] The wage-garnishment limit under section 525.030 protects part of my earnings. [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / PUBLIC BENEFITS / OTHER]. Amount I ask to be protected: $[AMOUNT CLAIMED EXEMPT]

  4. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  5. FINANCIAL STATEMENT (attach if required) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  6. REQUEST FOR HEARING I ask that the exempt money be protected. I understand that if the levying officer's decision goes against me, I may file a request for court review, and the circuit court will hold a hearing no later than 30 days after I file it.

  7. VERIFICATION I declare under penalty of perjury under the laws of the State of Missouri that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: File the verified Judgment Debtor's Claim for Exemption (form CV96) with the levying officer within 20 days after notice of the levy. Confirm the current form and procedure, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

A Missouri claim of exemption is a form, the Judgment Debtor's Claim for Exemption or CV96, that you file to protect wages or bank funds from a garnishment. You file it, verified, with the levying officer. It tells the officer and the court that some or all of the money is exempt, meaning the law does not let a creditor take it, and it is also how a head of family claims the 10 percent limit.

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the writ. A Missouri claim of exemption accepts the judgment but says the specific wages or funds are legally protected, for example because you are a head of family or the money comes from an exempt source. You raise the exemption on the verified CV96 form, and you can point out a defect at the same time.

For most people 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. If you are a head of family and a Missouri resident, section 525.030 limits garnishment to 10 percent of disposable earnings. Disposable earnings are what is left after legally required deductions.

Under section 513.445 you file a verified Judgment Debtor's Claim for Exemption with the levying officer within 20 days after you get notice of the levy. Because money can be held while the claim is decided and missing the window can forfeit protection, file the CV96 as soon as you learn of the garnishment.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts. A share of ordinary wages is also protected, and a resident head of family keeps far more. If exempt funds are frozen in a bank account, a claim of exemption is how you get them released.

Yes. If you are the head of a family and a Missouri resident, section 525.030 limits garnishment to 10 percent of your disposable earnings, much less than the standard cap. You claim it on the Judgment Debtor's Claim for Exemption, form CV96, which is often titled to include the head-of-family affidavit, and you support it with details of your income and dependents.

You file the verified Judgment Debtor's Claim for Exemption, form CV96, with the levying officer handling the garnishment. The matter connects to the circuit court that issued the writ. If the officer's decision goes against you, you can ask that court to review it by filing a request for court review.

The levying officer reviews your verified claim and decides whether the money is exempt. If you disagree with the decision, you can file a request for court review, and the circuit court holds a hearing no later than 30 days after you file it, where you show the money is protected. Money can be held while the claim is decided.