How to Garnish Wages in Missouri After a Small Claims Judgment

Before You File: Two Prerequisites

You need a final, enforceable judgment. In Missouri small claims, wait until at least 10 calendar days have passed since the judge signed the judgment (the trial de novo window under RSMo 482.365). A timely trial de novo application does not by itself stay execution; an approved recognizance bond does. Pull up the case on Case.net and check for a bond or other stay, and confirm local clerk practice before filing while a trial de novo is pending.

You also need the debtor's employer name and service address. The court won't find this for you. If you don't know where the debtor works, you'll need to run a debtor examination first or check public records — Secretary of State business filings, prior check stubs from dealings with the debtor, or municipal records.

Filing the Garnishment Application

Wage garnishment in Missouri is governed by RSMo Chapter 525 and Supreme Court Rule 90. Here's the filing sequence:

1. Complete OSCA Form CV92 (Execution/Garnishment Application and Order). This is the standard statewide form. You'll fill in the case number, court division, judgment amount, accrued interest, court costs, and the employer's name and address. Get the math right — clerks reject applications with incorrect balance calculations.

2. Choose your writ period. You can select a fixed return period (30, 60, 90, 120, 150, or 180 days) or request a continuous wage garnishment. Continuous is usually the better choice — it stays in effect until the judgment, interest, and costs are paid in full. The trade-off: you'll need to file a Statement of Judgment Balance (Form CV93) with the clerk every six months. Miss that filing, and the court terminates your garnishment automatically.

3. Pay the $10 clerk surcharge when you submit the application. This is a statutory fee on every garnishment filing.

4. The clerk issues the writ and transmits it to the serving officer — usually the county sheriff, though Jackson County uses its own Department of Civil Process instead. Sheriff service fees run $30–$60 depending on the county.

5. The sheriff serves the employer. Along with the writ, the employer receives Interrogatories to Garnishee requiring them to confirm the debtor's employment status, pay frequency, and disposable earnings.

What the Employer Does Next

Once served, the employer must begin withholding the statutory percentage from each pay cycle. For most debtors, the cap is the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage ($217.50/week at $7.25/hour). If the debtor qualifies as a head of family under RSMo 513.440, that cap drops to 10% of disposable earnings.

The employer remits withheld funds to the circuit clerk (for pro se creditors) or directly to the attorney (for represented parties). The employer also files written Answers to Interrogatories with the court within 20 days of service.

The Five-Day Notice Rule

Within five days after the sheriff returns proof of service on the employer, you must serve a copy of the writ and notice of exemption rights on the debtor. The employer must also give the employee a copy within five days of being served. This notice tells the debtor they can claim exemptions — and skipping it creates procedural problems.

Keeping a Continuous Garnishment Alive

If you chose continuous garnishment, mark your calendar for the six-month CV93 filing. Under Rule 90.10(b) and Rule 90.19, you have 20 days after each six-month period ends to file the Statement of Judgment Balance. This document updates the court and debtor on payments received, interest accrued, and the remaining balance.

Forgetting this filing is one of the most common mistakes creditors make. The garnishment terminates automatically — no warning, no grace period.

When It Doesn't Work

Garnishment fails if the debtor is unemployed, paid in cash off the books, or earns below the federal minimum wage floor ($217.50/week). It also produces nothing if the debtor claims head-of-family status and their 10% withholding is minimal. In those situations, a bank garnishment or debtor examination may be more productive.

The Missouri Small Claims Judgment Collection Guide covers every enforcement tool — wage garnishment, bank garnishment, and property execution — with the forms, fees, and deadlines for each step.

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