Legal Question in Credit and Debt Law in Missouri

I have a question I have never been garnished and I don't know how this works.

I lived and banked in the state of Kansas (Capital Federal). I moved to Missouri and kept the bank account for a few months and then closed it, they had my Missouri address, and this was in 2005. In 2006 accounding to a collection lawyer I was served papers and a judgement was made against me for some sort of fee with the bank. I still do not know what for and it was 7 years ago? I have to live with this.

I have a part time job that is being garnished, I am a single parent and this is really hard. I work 20-28 hours a week at $10 per hour.

My question is I live in Missouri and work in Missouri, the bank, court and lawyers are in Kansas and I work for a national company (Nabisco). What states garnishment law is in effect?

Thank you


Asked on 9/12/12, 6:45 am

1 Answer from Attorneys
Anthony Smith LawSmith

Don't assume that you cannot have the judgment set aside. If they did not actually serve you, then the Court did not have jurisdiction to enter a judgment against you. You may want to spend the nominal fee to have an attorney look at the judgment and give you an opinion.

Until then, you are sort of stuck between the laws of two states. If a garnishment is based upon a Kansas judgment, then the garnishment laws of Kansas may apply, until the judgment debtor raises the issue. Nabisco probably has some employees in Kansas, so the issue of them garnishing a Nabisco employee who actually works in Missouri, isn't really an issue. But, where the employee lives and works in Missouri, they can claim head of Household, if it is true, and reduce the percentage of wages that can be garnished.

I suggest you consult directly with an attorney licensed to practice in Kansas and Missouri, to get an opinion specific to the facts of your case. Many attorneys offer a free or low cost initial consultation.

Good luck

Read more
Answered on 9/12/12, 8:41 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri