Legal Question in Credit and Debt Law in Missouri

Re: Can independent contractors be subjuect to wage garnishment?

You would need to examine the exact terms of the garnishment but generally money held by another, employer or not, is subject to execution or garnishment.

Re: Can independent contractors be subjuect to wage garnishment?

Yes. The law assumes that any debt someone else owes you (for example, the payments due to an independent contractor) are moneys that can be applied to extinguish the judgment. That doesn't mean, however, that your husband has no defenses to the garnishment.

For example, if a contractor provides supplies purchased on credit and labor, and is reimbursed for both the supplies and the labor, some component of the funds held by the principal that are due to the independent contract might actually be owed to the supplier of materials. Moreover, there are numerous equitable issues that can be raised in defending a garnishment action. It is a good reason to seek out competent legal representation.

Another defense frequently employed in garnishment actions is to seek bankruptcy protection. Although bankruptcy does have a terrible effect on your credit for seven to ten years, it frequently can prevent being placed into a situation where there is no money for food, clothing, and other necessities.

In some instances the underlying judgment may be attacked. For example, if the judgment was obtained in another state, and your husband did not receive proper notice, the judgment may be "collaterally attacked" by filing the proper motions in your local circuit court.

For these reasons it would be wise to seek out good legal representation.