Missouri Garnishment Exemptions: Head of Family, Wage Caps, and Protected Assets

The Standard Wage Garnishment Cap

Missouri follows federal garnishment limits with one significant state-level addition. Under RSMo 525.030 and the federal Consumer Credit Protection Act (15 U.S.C. § 1673), the maximum that can be garnished from a debtor's wages is the lesser of two amounts:

• 25% of disposable earnings for the pay period, or
• The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour × 30 = $217.50 per week)

Disposable earnings means gross pay minus mandatory deductions — federal and state taxes, FICA, and local taxes. Voluntary deductions like retirement contributions or health insurance don't reduce the number.

If a debtor's weekly disposable earnings are $217.50 or less, they're completely exempt. Nothing gets garnished.

The Head of Family Exemption

This is Missouri's most significant garnishment protection beyond the federal floor. Under RSMo 513.440, a judgment debtor who is a resident head of a family — supporting a spouse or dependent children — can reduce the garnishment cap from 25% to just 10% of disposable earnings.

To claim it, the debtor files a sworn Head of Family Exemption Affidavit (OSCA Form CV96) with the court or serving officer. Once the affidavit is on file, the employer adjusts the withholding downward.

For creditors, this matters because it dramatically changes the math. A debtor earning $800/week in disposable income faces a $200 withholding under the standard cap but only $80 under head-of-family status. On a $3,000 judgment, that's the difference between collecting in 15 weeks versus 37 weeks — assuming the debtor doesn't change jobs or become unemployed in the meantime.

How the Two Caps Interact

The head-of-family 10% cap replaces the standard 25% cap entirely. The $217.50/week floor still applies separately, so if 10% of the debtor's disposable earnings works out to less than the amount above the $217.50 floor, the lower number controls.

Here's how it plays out at different income levels:

Personal Property Exemptions

Garnishment exemptions don't only apply to wages. When a creditor pursues execution against the debtor's personal property, Missouri's exemption statutes under RSMo 513.430 protect certain assets:

• Wildcard exemption: Up to $600 in any personal property (increasing to $1,700 on January 1, 2027)
• Motor vehicle equity: Up to $3,000 in equity in one vehicle
• Household goods: Up to $3,000 in household furnishings and appliances
• Head of family additional: $1,250 for the head of family plus $350 for each unmarried minor child

The debtor has 20 calendar days after receiving notice of a sheriff's levy to file a formal Claim of Exemption. If the creditor doesn't object within 10 days, the sheriff releases the claimed property.

Federal Benefits Are Fully Protected

Direct-deposited federal benefits — Social Security, SSI, VA payments, and Railroad Retirement — are 100% exempt from bank garnishment under 31 CFR Part 212. Banks must automatically protect these funds during the two-month lookback window when they receive a garnishment writ. The debtor doesn't need to file anything for this protection to apply.

If federal benefits are commingled with non-exempt income in the same account, only the direct-deposited benefit amount is automatically protected. The debtor would need to file an exemption claim for any additional funds they believe are exempt.

What Creditors Should Know

Exemptions don't make collection impossible — they set the floor. For a debtor without head-of-family status, the maximum is the lesser of 25% of disposable pay or the amount above 30 times the federal minimum wage; earnings at or below $217.50 per week are exempt. The process takes longer if exemptions apply, but the judgment is generally enforceable for 10 years, subject to recorded payments and revival, and interest accrues the entire time.

The Missouri Small Claims Judgment Collection Guide includes a detailed exemption reference and wage garnishment calculation worksheets so you can estimate what each enforcement tool will actually recover.

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