Missouri STATE LAW

WAGE GARNISHMENT EXEMPTIONS:

– 90% of weekly net earnings if head of household; if single without dependents, 75%

MAXIMUM INTEREST RATE:

– Legal: 9%
– Judgment: 9%

STATUTE OF LIMITATIONS ON ENFORCEMENT:

– Open Account (credit card): 5 years
– Written Contract: 10 years
– Domestic Judgment: 10 years (renewable every 3 years)
– Foreign Judgment: 10 (renewable every 3 years)

BAD CHECK LAW DAMAGES:

– Three times check amount or $100 whichever is greater; not to exceed $500 plus attorney's fees
– Only original holder may bring action (Sue in court) on civil or criminal venue but not both
– Demand for payment must be send by registered or certified mail or supported by an affidavit of service
– A bona fide dispute over the quality of goods or services paid with the check prevents the holder from filing suit

tape recording

– One party state

BANKRUPTCY PROPERTY EXEMPTIONS:
(Annotated Missouri Statutes)

– Cannot use federal exemptions, but can claim the federal non–bankruptcy exemptions
– The State of Missouri has exempted the property and income below from seizure by the bankruptcy court to pay creditors:

Real Property:

– Real property to $8,000 or mobile home to $1,000 (exemption cannot be doubled) [513.430(6) and 513.475]

Personal Property:

– Animals, appliances, books, clothing, crops, furnishings, household goods and musical instruments up to $1,000 total [413.430(1)
– Motor vehicle up to $1,000 [513.430(5)
– Implements, books and tools of trade up to $2,000 [513.430(4)
– Jewelry up to $500 [513.430(2)
– Burial grounds up to one acre or $100 [214.190
– Health aids, unlimited amount [513.430(9)
– Wrongful death recoveries, unlimited amount [513.430(11)]

Insurance / Annuities:

– Fraternal society benefits up to $5,000 is purchased more than six months before filing bankruptcy [513.430(8)
– Disability or illness benefits, unlimited amount [513.430(10)(c)
– Insurance premium proceeds, unlimited amount [377.090
– Life insurance proceeds if policy owned by woman and insures her husband, unlimited amount [376.530
– Life insurance proceeds if policy owned by unmarried woman and insures her father or brother, unlimited amount [376.550
– Life insurance dividends, loan value or interest up to $5,000, if purchased more than six months before filing bankruptcy [513.430(8)
– Un matured life insurance policy, unlimited amount [513.430(7)]

Pensions / Retirement Plans

– Municipal employees, unlimited amount [71.207
– State employees, unlimited amount [104.540
– Teachers, unlimited amount [169.090
– Firefighters, unlimited amount [87.090, 87.365, and 87.485
– Police officers and police department employees, unlimited amount [86.190, 86.353, 86.493 and 86.780
– Political officials and employees, unlimited amount [70.695
– Retirement benefits, amount needed for support / only payments being received [513.430(10)(e)]

Public Benefits / Entitlements:

– Veterans' benefits, unlimited amount [513.430(10)(b)
– Workers' compensation, unlimited amount [287.260
– Aid to families with dependent children, unlimited amount [513.430(10)(a)
– Social security, unlimited amount [513.430(10)(a)
– Unemployment compensation, unlimited amount [513.430(10)(c)]

Wages:

– 75% of earned but unpaid wages (90% for head of family) [525.030
– Wages of servant or common laborer to $90 [513.470]

Miscellaneous:

– Alimony or child support up to $500 per month [513.430(10)(d)
– Any property up to $850 plus $250 per child if head of family, otherwise up to $400 [513.430(3) and 513.440
– Business partnership property, unlimited amount [358.250]