Legal Question in Credit and Debt Law in Missouri

garnishments
I had purchased a house through an owner finance situation. After falling 2 weeks behind on the payment due date, the person I was buying from went in and changed all of the locks. I went to the police, but they could do nothing. The officers did not understand the contract. Depsite things being missing from my house, nothing was ever done. Now the person is threatening to garnish my wages. He has not taken me to court. I am not quite sure how any of this works. I have never been in such a situation. Can he garnish my wages?? This took place in Missouri, but I now live and work in Kansas. If I lived in Missouri, and worked in Kansas could he take my wages from me? Can he go across state lines to do this? I am not sure. If he sues me, I will fight him. He says I owe him almost $2000. Please give me some information. It is greatly appreciated.

Asked on 1/20/04, 9:48 am

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: garnishments

It is difficult to answer your question without a more thorough recitation of facts, but generally a "contract for deed" (if that is what you had) provides for certain rights. If the rights that were provided for in the contract were exercised, there is probably little you can do. However, if your personal property was taken that is the tort of "conversion" and if you are sued you should include a counterclaim for those goods.

No garnishment can occur without a judgment, and a judgment can't occur unless and until you are served with process. If you are, you need to sit down and discuss things with an attorney. There are many ways to make big mistakes in this kind of situation, and paying an attorney to assist you would be a wise move.

Good luck

Answered on 1/20/04, 3:30 pm

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