To claim exemptions from a Missouri wage garnishment, file the Missouri wage garnishment exemption form — officially the Judgment Debtor’s Claim for Exemption, OSCA form CV96 — with the circuit court that issued the garnishment writ within 20 days of receiving the papers, and serve copies on your employer or bank and on the creditor.1St Charles County, MO. Garnishment / Execution Exemption Claim Missing that 20-day window can cost you the right to claim your exemptions on that garnishment.
The form itself is short. What takes preparation is knowing which exemptions apply to you and gathering the details the court needs to act on them.
Where to Get the Form
Form CV96 is the statewide version, accepted in every Missouri circuit court. You can pick it up at any circuit clerk’s office or download it from the Missouri Courts website. Some counties use their own version alongside it — Greene County, for example, has a separate head-of-family affidavit — but CV96 works everywhere.216th Judicial Circuit Court of Missouri. Judgment Debtor’s Claim for Exemption
Check the county form before you sign. Some versions, particularly the head-of-family affidavits in counties like Greene, require notarization. Banks, UPS stores, and some libraries offer notary services in Missouri, typically for $5 to $15 per signature.
Information to Gather Before You Start
Have these details in front of you when you fill out the form:
- The case number and the name of the court from the garnishment papers you received.
- The name and address of the garnishee — your employer if wages are being taken, your bank if an account is frozen.
- The names of any dependents you’ll list under head-of-family status.
- The source and current amount of any protected income sitting in a garnished bank account.
- A list of any exempt personal property the creditor is trying to reach.
Which Exemptions to Claim
The form asks you to identify the exemptions that apply to your situation. Three categories cover most filers.
Head of Family
If you are a Missouri resident providing primary financial support for a household, you qualify as a head of family. That status does two things. It caps wage garnishment at 10% of your weekly disposable earnings under RSMo § 525.030, and it shields up to $1,250 in property, wages, or debts from execution under RSMo § 513.440, plus an additional $350 for each qualifying dependent.3Missouri Revisor of Statutes. Missouri Code 525.0304Missouri Revisor of Statutes. Missouri Code 513.440 – Other Property Exempt – Provisions – Exceptions
Qualifying dependents include unmarried children under 21 and any dependent determined disabled by the Social Security Administration. List each dependent by name on the form.
Protected Income Sources
Certain income types are fully exempt from garnishment by most creditors, no matter how much you earn. If any of these funds are in the account being garnished, name the source on the form and identify the amount:
- Social Security retirement and disability benefits
- Supplemental Security Income (SSI)
- Veterans’ benefits
- Federal employee retirement and civil service benefits
- Railroad retirement benefits
- Unemployment compensation
- Workers’ compensation
- Public assistance (TANF, food stamps, General Relief)
Even when income is fully exempt, you still need to file the form. Banks and employers follow the garnishment order until a court tells them otherwise.5Federal Reserve. Garnishment of Accounts Containing Federal Benefit Payments (31 CFR 212)
Personal Property
Missouri exempts specific categories of personal property from execution: up to $3,000 in household goods, up to $3,000 in tools of the trade, up to $3,000 in motor vehicles, up to $1,500 for a wedding ring, and up to $600 in any other property.6Missouri Revisor of Statutes. Missouri Code 513.430 – Property Exempt From Attachment – Construction of Section If the creditor is trying to reach property in these categories, claim the exemption on the form.
Filing and Serving the Form
Filing means three separate deliveries, all required for the exemption to take effect:
- File the completed form with the clerk of the circuit court that issued the garnishment writ. You can do this in person or by mail. Bring or send an extra copy so the clerk can file-stamp one for your records.
- Serve a copy on the garnishee — your employer for wages, your bank for accounts.
- Mail a copy to the garnishor, meaning the creditor or the attorney listed on the garnishment papers.
Certified mail with return receipt is worth the extra cost. It gives you proof of service if the creditor later claims they never received notice.216th Judicial Circuit Court of Missouri. Judgment Debtor’s Claim for Exemption
The 20-day clock runs from the day you received the garnishment papers, so don’t wait to gather everything at once. If you’re missing a document, file the form on time and bring the supporting paperwork to any hearing that follows.
What Happens After You File
Once your claim is on file, the creditor gets a chance to review it. If the creditor doesn’t object, the court typically approves the exemption and orders the garnishee to release any protected funds. The garnishment either shrinks to the legal limit or stops entirely, depending on the exemptions you claimed.
If the creditor objects, the court schedules a hearing. Bring documentation for every claim on your form. That usually means recent pay stubs, bank statements showing direct-deposited federal benefits, birth certificates or tax returns for dependents, and any other proof that supports what you wrote. The judge hears both sides and issues an order specifying exactly what, if anything, the creditor can garnish going forward. The order then goes to your employer or bank.
Debts These Exemptions Do Not Cover
Missouri’s garnishment caps, including the head-of-family 10% cap, do not apply to court-ordered child support or alimony, bankruptcy orders, or state and federal tax debts.3Missouri Revisor of Statutes. Missouri Code 525.030 Defaulted federal student loans are also collected through a separate administrative process that doesn’t require a court judgment. If the garnishment against you falls into one of these categories, the CV96 exemptions won’t produce the same result, and you should look at the rules that govern that specific type of debt.