Legal Articles
New Garnishment Rule Gives Creditors Extra Time To File Exceptions To Answers To Interrogatories To Garnishee
Answers to Interrogatories to Garnishee are due 10 days after the return date, see Supreme Court Rule 90.07(b), and if you disagree with the Answers to Interrogatories to Garnishee, you can file exceptions pursuant to Supreme Court Rule 90.07 (c). There is a strict deadline on filing the exceptions, within 10 days after the service of the garnishee's answers, see Supreme Court Rule 90.07 (c).
Missouri's Small Claims Court Not The Answer For Most Small Claims
Many creditors with claims under the $3,000.00 small claims jurisdictional limit are availing themselves of the procedures available under Missouri law in the Small Claims Court, which is a division of the Circuit Court, Associate Circuit Judge Division.
Debtor Exemptions In Missouri
Under Missouri Law, debtors have the right to claim that some of their property is "exempt" from levy or garnishment by a creditor or from their trustee in bankruptcy. When a debtor claims property is exempt, it is not available for liquidation by the bankruptcy trustee or available for a creditor to levy or garnish on to collect a judgment. The theory behind granting a debtor an "exemption" is that exempting some property allows the debtor a minimal quantity of assets for a "fresh start" after a bankruptcy or after a creditor has levied or garnished on a judgment.