Legal Question in Credit and Debt Law in Missouri

Hi. I am a Missouri-licensed attorney that handles debtor representation matters. Under Missouri law, with a few exceptions, a joint account is typically exempt from garnishment in instances where there is not a court judgment against both parties. However, it is not uncommon for garnishments of joint bank accounts to occur, despite the fact that they are named as an exemption.

It can be difficult to work with a creditor in certain situations to try to have a garnishment released, particularly if the judgment is for a large amount.

A few additional details would be needed to determine the appropriate legal method for having the garnishment released. Do you have a copy of the dismissal order from 2002? Furthermore, do you have a copy of the order releasing the garnishment in 2008? These documents would be important, needless to say, to provide to an attorney who would work to get the garnishment released.

I hope this helps, at least to some extent.

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NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

I would suggest that you go back tothe atttorney who has represented you in the past, or any otherattorney of yourchoosing, and have them get this garnishment released i you have not already done so. Then, you may also lookinto filing a suit against the creditor for "wrongful garnishment". Your attorney may need to do a little legal research on this cause of action and then may advise you that the cost of the suit does not justify proceeding considering whatever value your legal damages may have, but at least you will have obtained expert legal advice.