Federal law places limits on wage garnishment amounts. Missouri applies the federal standard unless you're the head of a family, in which case the state applies a stricter standard, different from the federal limit.
In Missouri for any work week, a creditor may garnish the lesser of:
a) 25% of your disposable earnings, or 10% of your disposable earnings if you're the head of household, or
b) the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
Kansas hasn't imposed any special limits on the garnishment amounts, but they do have a special "purchased paper" law. This means that if the delinquent account is sold to another company before the court has entered a judgement against the consumer, the new company is not allowed to garnish the consumer's wages. If an account is sold to another company after judgement, a wage garnishment is allowed.
In both states, additional special exemptions or protections may exist. The best way to be certain is to talk to a qualified bankruptcy attorney about the circumstances surrounding your garnishment, and see what options you might have within the state laws.
Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.