Legal Question in Credit and Debt Law in Missouri

Execution Order

In 1999 I had some rather large medical bills. My financial condition has kept me from voluntarily paying them. My wife and I have both had our wages garnished several times from this.A judgement was entered in 2003. We have not had any garnishments for over 6 months. Today, while my wife was home, a Deputy Sheriff came with a Execution Order to '' Execute upon any and all cash on hand in the possession of....'' She only had a small amount of change and the Deputy declined to take this. As I read the papers when I came home, I seen a list of Exempts that was attached. Senate Bill No. 490 section 513.440 states...Each head of household may select and hold, exempt from ececution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of $1250 plus $350 for each of such persons unmarried dependant children.

If my wife would have had $1000 in her possession, could they have seized this money?

Also, my young son has a afterschool job and has opened up a savings account. Him being a minor, I had to have my name on the account. Could his money be taken from this account?

I believe the date of the incured debts have reached the statute of limitations. At what date did the limititions begin?


Asked on 9/19/06, 5:49 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Execution Order

The statute of limitations that you mentioned applies to the tiem one has to file suit. It appears from your posting, that there has already been a judgment. If that is the case, the statute of limitations is irrelevant now. However, the judgment stops having effect, if it is not renewed every so often. You may wnat to hire an attorney to see if the judgment(s) against you have lapsed.

As to your cash question. If your wife had $1000 dollars on her when the sheriff served the execution order, he could have taken it. It woudl remain with the Court (or sheriff) until she had an opportunity to assert her claim of being head of household. Given the limited facts at hand, it is impossible to determmine if that claim would work for her.

As to your son's savings account, they would have to garnish that specific bank, and both you and someone on your son's behalf would have an opportunity to object, before the money would be given to the judgment creditor.

Good Luck

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Answered on 9/20/06, 12:05 pm


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