Missouri State Bankruptcy Exemptions
§ 513.430. Property exempt from attachment -- benefits from certain employee
plans, exception -- bankruptcy proceeding, fraudulent transfers, exception --
construction of section
1. The following property shall be exempt from attachment and execution to the
extent of any person's interest therein:
(1) Household furnishings, household goods, wearing apparel, appliances, books,
animals, crops or musical instruments that are held primarily for personal,
family or household use of such person or a dependent of such person, not to
exceed three thousand dollars in value in the aggregate;
(2) A wedding ring not to exceed one thousand five hundred dollars in value and
other jewelry held primarily for the personal, family or household use of such
person or a dependent of such person, not to exceed five hundred dollars in
value in the aggregate;
(3) Any other property of any kind, not to exceed in value six hundred dollars
in the aggregate;
(4) Any implements or professional books or tools of the trade of such person
or the trade of a dependent of such person not to exceed three thousand dollars
in value in the aggregate;
(5) Any motor vehicle in the aggregate, not to exceed three thousand dollars in
value;
(6) Any mobile home used as the principal residence but not on or attached to
real property in which the debtor has a fee interest, not to exceed five
thousand dollars in value;
(7) Any one or more unmatured life insurance contracts owned by such person,
other than a credit life insurance contract;
(8) The amount of any accrued dividend or interest under, or loan value of, any
one or more unmatured life insurance contracts owned by such person under which
the insured is such person or an individual of whom such person is a dependent;
provided, however, that if proceedings under Title 11 of the United States Code
are commenced by or against such person, the amount exempt in such proceedings
shall not exceed in value one hundred fifty thousand dollars in the aggregate
less any amount of property of such person transferred by the life insurance
company or fraternal benefit society to itself in good faith if such transfer
is to pay a premium or to carry out a nonforfeiture insurance option and is
required to be so transferred automatically under a life insurance contract
with such company or society that was entered into before commencement of such
proceedings. No amount of any accrued dividend or interest under, or loan value
of, any such life insurance contracts shall be exempt from any claim for child
support. Notwithstanding anything to the contrary, no such amount shall be
exempt in such proceedings under any such insurance contract which was
purchased by such person within one year prior to the commencement of such
proceedings;
(9) Professionally prescribed health aids for such person or a dependent of
such person;
(10) Such person's right to receive:
(a) A Social Security benefit, unemployment compensation or a local public
assistance benefit;
(b) A veteran's benefit;
(c) A disability, illness or unemployment benefit;
(d) Alimony, support or separate maintenance, not to exceed seven hundred fifty
dollars a month;
(e) Any payment under a stock bonus plan, pension plan, disability or death
benefit plan, profit-sharing plan, nonpublic retirement plan or any plan
described, defined, or established pursuant to section 456.072, RSMo, the
person's right to a participant account in any deferred compensation program
offered by the state of Missouri or any of its political subdivisions, or
annuity or similar plan or contract on account of illness, disability, death,
age or length of service, to the extent reasonably necessary for the support of
such person and any dependent of such person unless:
a. Such plan or contract was established by or under the auspices of an insider
that employed such person at the time such person's rights under such plan or
contract arose;
b. Such payment is on account of age or length of service; and
c. Such plan or contract does not qualify under Section 401(a), 403(a), 403(b),
408, 408A or 409 of the Internal Revenue Code of 1986, as amended, (26 U.S.C.
401(a), 403(a), 403(b), 408, 408A or 409);
except that any such payment to any person shall be subject to attachment or
execution pursuant to a qualified domestic relations order, as defined by
Section 414(p) of the Internal Revenue Code of 1986, as amended, issued by a
court in any proceeding for dissolution of marriage or legal separation or a
proceeding for disposition of property following dissolution of marriage by a
court which lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of marital property at the time of the original
judgment of dissolution;
(f) Any money or assets, payable to a participant or beneficiary from, or any
interest of any participant or beneficiary in, a retirement plan or
profit-sharing plan that is qualified under Section 401(a), 403(a), 403(b),
408, 408A or 409 of the Internal Revenue Code of 1986, as amended, except as
provided in this paragraph. Any plan or arrangement described in this paragraph
shall not be exempt from the claim of an alternate payee under a qualified
domestic relations order; however, the interest of any and all alternate payees
under a qualified domestic relations order shall be exempt from any and all
claims of any creditor, other than the state of Missouri through its division
of family services. As used in this paragraph, the terms "alternate payee" and
"qualified domestic relations order" have the meaning given to them in Section
414(p) of the Internal Revenue Code of 1986, as amended.
If proceedings under Title 11 of the United States Code are commenced by or
against such person, no amount of funds shall be exempt in such proceedings
under any such plan, contract, or trust which is fraudulent as defined in
section 456.630, RSMo, and for the period such person participated within three
years prior to the commencement of such proceedings. For the purposes of this
section, when the fraudulently conveyed funds are recovered and after, such
funds shall be deducted and then treated as though the funds had never been
contributed to the plan, contract, or trust;
(11) The debtor's right to receive, or property that is traceable to, a payment
on account of the wrongful death of an individual of whom the debtor was a
dependent, to the extent reasonably necessary for the support of the debtor and
any dependent of the debtor.
2. Nothing in this section shall be interpreted to exempt from attachment or
execution for a valid judicial or administrative order for the payment of child
support or maintenance any money or assets, payable to a participant or
beneficiary from, or any interest of any participant or beneficiary in, a
retirement plan which is qualified pursuant to Section 408A of the Internal
Revenue Code of 1986, as amended.
§ 513.440. Other property exempt--provisions--exceptions
Each head of a family may select and hold, exempt from execution, any other
property, real, personal or mixed, or debts and wages, not exceeding in value
the amount of one thousand two hundred fifty dollars plus three hundred fifty
dollars for each of such person's unmarried dependent children under the age of
eighteen years or dependent as defined by the Internal Revenue Code of 1986, as
amended, determined to be disabled by the Social Security Administration,
except ten percent of any debt, income, salary or wages due such head of a
family.
§ 513.475. Homestead defined--exempt from execution--spouses debarred from
selling, when
1. The homestead of every person, consisting of a dwelling house and
appurtenances, and the land used in connection therewith, not exceeding the
value of fifteen thousand dollars, which is or shall be used by such person as
a homestead, shall, together with the rents, issues and products thereof, be
exempt from attachment and execution. The exemption allowed under this section
shall not be allowed for more than one owner of any homestead if one owner
claims the entire amount allowed under this subsection; but, if more than one
owner of any homestead claims an exemption under this section, the exemption
allowed to each of such owners shall not exceed, in the aggregate, the total
exemption allowed under this subsection as to any one homestead.
2. Either spouse separately shall be debarred from and incapable of selling,
mortgaging or alienating the homestead in any manner whatever, and every such
sale, mortgage or alienation is hereby declared null and void; provided,
however, that nothing herein contained shall be so construed as to prevent the
husband and wife from jointly conveying, mortgaging, alienating or in any other
manner disposing of such homestead, or any part thereof.
Missouri Statutes
§ 525.030. Persons exempted from summons as garnishee, when--amount to be
withheld from wages, how computed--earnings defined--penalty
1. No sheriff or other officer charged with the collection of money shall,
prior to the return day of an execution or other process upon which the same
may be made, be liable to be summoned as garnishee; nor shall any county
collector, county treasurer or municipal corporation, or any officer thereof,
or any administrator or executor of an estate, prior to an order of
distribution, or for payment of legacies, or the allowance of a demand found to
be due by his estate, be liable to be summoned as garnishee; nor shall any
person be so charged by reason of his having drawn, accepted, made or endorsed
any promissory note, bill of exchange, draft or other security, in its nature
negotiable, unless it be shown at the hearing that such note, bill or other
security was the property of the defendant when the garnishee was summoned, and
continued so to be until it became due.
2. The maximum part of the aggregate earnings of any individual for any
workweek, after the deduction from those earnings of any amounts required by
law to be withheld, which is subjected to garnishment may not exceed (a)
twenty-five percentum, or, (b) the amount by which his aggregate earnings for
that week, after the deduction from those earnings of any amounts required to
be withheld by law, exceed thirty times the federal minimum hourly wage
prescribed by section 6(a) (1) of the Fair Labor Standards Act of 1938 in
effect at the time the earnings are payable, or, (c) if the employee is the
head of a family and a resident of this state, ten percentum, whichever is
less.
The restrictions on the maximum earnings subjected to garnishment do not apply
in the case of any order of any court for the support of any person, any order
of any court of bankruptcy under chapter XIII of the Bankruptcy Act or any debt
due for any state or federal tax.
For pay periods longer than one week, the provisions of subsection 2(a) and (c)
of this section shall apply to the maximum earnings subjected to garnishment
for all workweeks compensated, and under subsection 2(b) of this section, the
"multiple" of the federal minimum hourly wage equivalent to that applicable to
the earnings subject to garnishment for one week shall be represented by the
following formula: The number of workweeks or fractions thereof (x) x 30 x the
applicable federal minimum wage. For the purpose of this formula, a calendar
month shall be considered to consist of 4 1/3 workweeks, a semimonthly period
to consist of 2 1/6 weeks. The "multiple" for any other pay period longer than
one week shall be computed in a manner consistent herewith.
The restrictions on the maximum amount of earnings subjected to garnishment
shall also be applicable to all proceedings involving the sequestration of
wages of employees of all political subdivisions.
The term "earnings" as used herein means compensation paid or payable for
personal services, whether denominated as wages, salary, commission, bonus, or
otherwise, and includes periodic payments pursuant to a pension or retirement
program.
3. In any proceeding of garnishment or sequestration of wages under the
provisions of sections 525.010 to 525.480, the maximum part of the aggregate
earnings of any individual in any workweek which shall be subject to
garnishment or sequestration pursuant to the provisions of subsection 2 of this
section shall be construed to constitute all wages or earnings of the defendant
in the garnishee's possession or charge or to be owing by him to the defendant
in that week.
4. No notice, summons, or writ of garnishment, or sequestration of wages issued
or served under sections 525.010 to 525.480 shall attach or purport to attach
any wages in excess of the amounts prescribed in subsection 2 of this section
and each such notice, summons, or writ shall have clearly and legibly
reproduced thereon the provisions of subsections 2, 5 and 6 of this section.
5. No employer may discharge any employee by reason of the fact that his
earnings have been subjected to garnishment or sequestration for any one
indebtedness.
6. Whoever willfully violates the provisions of subsection 5 of this section is
guilty of a misdemeanor.
§ 377.090. Proceeds not liable for debts
The money or other benefit, charity, relief or aid to be paid, provided or
rendered by any corporation authorized to do business under sections 377.010 to
377.190, shall not be liable to attachment or other process, and shall not be
seized, taken, appropriated or applied by any legal or equitable process, nor
by operation of law, to pay any debt or liability of a policy or certificate
holder, or any beneficiary named in a policy or certificate.
§ 377.330. Proceeds not liable for debts
The money or other benefit, charity, relief or aid to be paid, provided or
rendered by any corporation authorized to do business under sections 377.200 to
377.460, shall not be liable to attachment or other process, and shall not be
seized, taken, appropriated or applied by any legal or equitable process, nor
by operation of law, to pay any debt or liability of a policy or certificate
holder, or of any beneficiary named in a policy or certificate.
§ 169.090. Funds not subject to execution, garnishment, attachment
Neither the funds belonging to the retirement system nor any benefit accrued or
accruing to any person under the provisions of sections 169.010 to 169.130
shall be subject to execution, garnishment, attachment or any other process
whatsoever, nor shall they be assignable, except as in sections 169.010 to
169.130 specifically provided.
§ 169.380. Immunity from execution, garnishment or attachment
Any funds in the charge and custody of the board of trustees of the retirement
system under the provisions of sections 169.270 to 169.400 shall not be subject
to execution, garnishment, attachment or any other process whatsoever and shall
be unassignable, unless otherwise specifically provided in sections 169.270 to
169.400.
§ 169.520. Funds not subject to execution, garnishment or attachment and not
assignable -- exceptions
Any funds created by sections 169.410 to 169.540 while in the charge and
custody of the board of trustees of such retirement system shall not be subject
to execution, garnishment, attachment or any other process whatsoever and shall
be unassignable except as in sections 169.410 to 169.540 specifically provided
or in the case of a proper order of child support issued through the division
of child support enforcement.
§ 169.587. Benefits exempted from taxation and creditors--benefits not assignable
Any retirement allowance, benefit, funds, property, or rights created by, or
accruing to any person under the provisions of this chapter, are hereby made
and declared exempt from any tax of the state of Missouri or any political
subdivision or taxing body thereof and shall not be subject to execution,
garnishment, attachment, writ of sequestration, or any other claim whatsoever
and shall be unassignable.
§ 86.190. Exemption from tax and execution
The right of any person to a pension, annuity or retirement allowance, to the
return of contributions, the pension, annuity or retirement allowance itself,
any optional benefit or death benefit, any other right accrued or accruing to
any person under the provisions of sections 86.010 to 86.193 and the moneys in
the various funds created under sections 86.010 to 86.193 are hereby exempt
from any tax of the state of Missouri and shall not be subject to execution,
garnishment, attachment or any other process whatsoever and shall be
unassignable except as in sections 86.010 to 86.193 specifically provided.
§ 86.353. Benefits exempt from taxes and execution--not assignable, exception,
child support or maintenance
The right of any person to a benefit, any other right accrued or accruing to
any person under the provisions of sections 86.200 to 86.366 and the moneys
created pursuant to sections 86.200 to 86.366 are not subject to execution,
garnishment, attachment or any other process whatsoever and are unassignable
except as in sections 86.200 to 86.366 specifically provided. Notwithstanding
the foregoing, nothing in this section shall prevent the board of trustees from
honoring the terms of a court order requiring the retirement system to pay all
or any portion of the retirement benefit otherwise payable to a retired or
disabled member to a third party to satisfy the member's obligation to pay
child support or maintenance. Any relief association created pursuant to
section 86.500 shall be exempt from the tax imposed by sections 143.011 to
143.1013, RSMo.
§ 86.493. Moneys exempt from taxation and process, except for support orders and
assignments
The right of any person to pension or pensions, to the return of contributions,
disability or death benefits or any other right accrued or accruing to any
person under the provisions of sections 86.370 to 86.497 and the moneys in the
various funds created under sections 86.370 to 86.497 are hereby exempt from
any tax of the state of Missouri or of any municipality or political
subdivision thereof, and shall not be subject to execution, garnishment,
attachment or any other process whatsoever and shall be unassignable except as
specifically provided in sections 86.370 to 86.497, and except for court orders
or assignments approved by a court to provide support for family members or a
former spouse of any person entitled to benefits under sections 86.370 to
86.497. A revocable request or authorization by a member or a beneficiary to
withhold and apply for the requester's convenience some portion or all of a
benefit payment, such as a request to apply some portion of a benefit payment
to a medical insurance premium, shall not be deemed an assignment prohibited
under this section provided that any such request shall remain revocable at all
times except as to payments or withholdings effected prior to any such
revocation. The retirement system may, but shall not be obligated to, comply
with any such request.
§ 86.563. Payments from fund not to be diverted
No portion of said pension fund shall before or after its order of distribution
by the board of trustees to the person entitled thereto, be held, seized,
taken, subjected to or detained or levied on by virtue of any attachment,
execution, injunction, writ, interlocutory or other order or decree or any
process or proceedings whatever issued out of or by any court for the payment
or satisfaction in whole or in part of any debt, damage, claim, demand or
judgment against the beneficiary of this fund and no assignment by said
beneficiary shall be valid, but the same shall be null and void, and said fund
shall be held and distributed for the purpose of sections 86.510 to 86.577
solely to the persons entitled thereto and for no other purpose whatever.
§ 87.090. Fund exempt from execution
No portion of said pension fund shall, before or after its order of
distribution by the board of trustees to the persons entitled thereto, be held,
seized, taken, subjected to or detained or levied on by virtue of any
attachment, execution, injunction, writ, interlocutory or other order or
decree, or any process or proceeding whatever issued out of or by any court of
this state for the payment or satisfaction, in whole or in part, of any debt,
damages, claim, demand or judgment against the beneficiary of said fund; but
the said fund shall be held and distributed for the purpose of sections 87.010
to 87.105, and for no other purpose whatever.
§ 87.365. Benefits exempt from taxes and civil process
The right of any person to a benefit, any other right accrued or accruing to
any person under the provisions of sections 87.120 to 87.370 and the moneys in
the various funds created under sections 87.120 to 87.370 are hereby exempt
from any tax of the state of Missouri and shall not be subject to execution,
garnishment, attachment or any other process whatsoever and shall be
unassignable except as in sections 87.120 to 87.370 specifically provided.
§ 87.485. Funds exempt from garnishment or other legal process
No portion of said pension fund shall, before or after its order of
distribution by the board of trustees to the persons entitled thereto, and
before the actual payment thereof to such persons, be held, seized, taken,
subjected to, or detained or levied on by virtue of any attachment, execution,
injunction, writ, interlocutory or other order or decree, or any process or
proceeding whatever issued out of or by any court of this state for the payment
or satisfaction, in whole or in part, of any debt, damages, claim, demand or
judgment against the beneficiary of said funds; but the said funds shall be
held and distributed for the purposes of sections 87.380 to 87.490, and for no
other purpose whatever.
§ 104.250. Law creates vested rights -- benefits exempt from taxes and executions
-- exception, subject to child support and spousal maintenance
1. All payroll deductions and deferred compensation provided for under sections
104.010 to 104.270 are hereby made obligations of the state of Missouri. No
alteration, amendment, or repeal of sections 104.010 to 104.270 shall affect
the then existing rights of members and beneficiaries, but shall be effective
only as to rights which would otherwise accrue under sections 104.010 to
104.270 as a result of services rendered by an employee after such alteration,
amendment, or repeal.
2. Any annuity, benefits, funds, property, or rights created by, or accruing to,
any person under the provisions of sections 104.010 to 104.270 are hereby made
and declared exempt from any tax of the state of Missouri or any political
subdivision or taxing body thereof, and shall not be subject to execution,
garnishment, attachment, writ of sequestration, or any other process or claim
whatsoever, and shall be unassignable except that any payment from the
retirement system shall be subject to the collection of child support or
spousal maintenance.
§ 70.695. Rights accrued under sections 70.600 to 70.755 not subject to
garnishment, execution or bankruptcy proceedings, exceptions
The right of a person to an allowance, to the return of accumulated
contributions, the allowance itself, any allowance option, and any other right
accrued or accruing under the provisions of sections 70.600 to 70.755, and all
moneys belonging to the system shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or to any other
process of law whatsoever, and shall be unassignable, except as is specifically
provided in sections 70.600 to 70.755; except that:
(1) Any political subdivision shall have the right of setoff for any claim
arising from embezzlement by or fraud of a member, retirant, or beneficiary;
and
(2) Such rights shall not be exempt from attachment or execution in a
proceeding instituted for the support and maintenance of children. In all such
actions described in this subdivision, the system shall be entitled to collect
a fee of up to twenty dollars chargeable against the person for each delinquent
attachment, execution, sequestration or garnishment payment.
§ 71.207. Benefits from pension plan exempt from state taxes, execution,
garnishment, attachment, and are unassignable, exception
Whenever any municipality has established pension plans for the pensioning of
the salaried employees of such city and the surviving spouses and minor
children of deceased employees, the right of any person to a benefit, any other
right accrued or accruing to any person under the provisions of such pension
plan and the funds created under such pension plan are exempt from any tax of
the state of Missouri and are not subject to execution, garnishment, attachment
or any other process whatsoever and are unassignable unless specifically so
provided in such plan.
§ 104.540. Law creates vested rights -- certain contributions may be withheld
from benefits and paid over
1. All premium payments and deferred compensation provided for under sections
104.320 to 104.540 are hereby made obligations of the state of Missouri. No
alteration, amendment, or repeal of sections 104.320 to 104.540 shall affect
the then existing rights of members and beneficiaries, but shall be effective
only as to rights which would otherwise accrue hereunder as a result of
services rendered by an employee after such alteration, amendment, or repeal.
2. Any annuity, benefits, funds, property, or rights created by, or accruing or
paid to, any person under the provisions of sections 104.320 to 104.540 shall
not be subject to execution, garnishment, attachment, writ of sequestration, or
any other process or claim whatsoever, and shall be unassignable, except with
regard to the collection of child support or maintenance, and except that a
beneficiary may assign life insurance proceeds. Any retired member of the
system may request the executive director of the system, in writing, to
withhold and pay on his behalf to the proper person, from each of his monthly
retirement benefit payments, if the payment is large enough, the contribution
due from the retired member to any group providing prepaid hospital care and
any group providing prepaid medical and surgical care and any group providing
life insurance when such group is composed entirely of members of the system.
3. The executive director of the system shall, when requested in writing by a
retired member, withhold and pay over the funds authorized in subsection 2 of
this section until such time as the request to do so is revoked by the death or
written revocation of the retired member.
§ 287.260. Compensation to have priority--not assignable--exceptions
1. The compensation payable under this chapter, whether or not it has been
awarded or is due, shall not be assignable, shall be exempt from attachment,
garnishment, and execution, shall not be subject to setoff or counterclaim, or
be in any way liable for any debt and in case of the insolvency of an employer
or his insurer, or the levy of an attachment or an execution against an
employer or insurer shall be entitled to the same preference and priority as
claims for wages, without limit as to time or amount, except that if written
notice is given to the division or the commission of the nature and extent
thereof, the division or the commission may allow as lien on the compensation,
reasonable attorney's fees for services in connection with the proceedings for
compensation if the services are found to be necessary and may order the amount
thereof paid to the attorney in a lump sum or in installments. All attorney's
fees for services in connection with this chapter shall be subject to
regulation by the division or the commission and shall be limited to such
charges as are fair and reasonable and the division or the commission shall
have jurisdiction to hear and determine all disputes concerning the same.
2. Notwithstanding subsection 1 of this section, the compensation payable under
this chapter other than compensation for medical expenses and therapy under
section 287.141, shall be assignable for the purpose of satisfying child
support obligations, shall be subject to attachment, garnishment and execution
for the purpose of collecting and satisfying unpaid and delinquent child
support obligations, and shall be subject to the lien provided for in section
454.517, RSMo. Section 452.140, RSMo, shall apply to limit property exemptions
available in an action to collect child support under this subsection.
§ 303.240. Cash deposit as proof of responsibility
1. Proof of financial responsibility may be evidenced by the certificate of the
state treasurer that the person named therein has deposited with him sixty
thousand dollars in cash, or securities such as may legally be purchased by
savings banks or for trust funds of a market value of sixty thousand dollars.
The state treasurer shall not accept any such deposit and issue a certificate
therefor and the director shall not accept such certificate unless accompanied
by evidence that there are no unsatisfied judgments of any character against
the depositor in the county where the depositor resides.
2. Such deposit shall be held by the state treasurer to satisfy, in accordance
with the provisions of this chapter, any execution on a judgment issued against
such person making the deposit, for damages, including damages for care and
loss of services because of bodily injury to or death of any person, or for
damages because of injury to or destruction of property, including the loss of
use thereof, resulting from the ownership, maintenance, use or operation of a
motor vehicle after such deposit was made. Money or securities so deposited
shall not be subject to attachment or execution unless such attachment or
execution shall arise out of a suit for damages as aforesaid.
§ 214.190. Cemetery not subject to execution, dower or partition--exception
Lands or property, set apart as burial grounds, either for public or private
use, and so recorded in the recorder's office of the county where such lands
are situated, or any burial ground that may have been used as such for ten
years shall not be subject to sale on execution, to dower, nor to compulsory
partition; provided, that the lands so appropriated and set apart as a private
burial ground shall not exceed one acre in area or one hundred dollars in
value; and provided further, that nothing contained in this section shall be so
construed as to exempt any such burial ground or cemetery property from being
liable for special assessments for street improvements, when such assessment is
levied by an incorporated city in this state.
§ 358.250. Nature of a partner's right in specific partnership property
1. A partner is co-owner with his partners of specific partnership property
holding as a tenant in partnership.
2. The incidents of this tenancy are such that:
(1) A partner, subject to the provisions of this law and to any agreement
between the partners, has an equal right with his partners to possess specific
partnership property for partnership purposes; but he has no right to possess
such property for any other purpose without the consent of his partners.
(2) A partner's right in specific partnership property is not assignable except
in connection with the assignment of rights of all the partners in the same
property.
(3) A partner's right in specific partnership property is not subject to
attachment or execution, except on a claim against the partnership. When
partnership property is attached for a partnership debt the partners, or any of
them, or the representatives of a deceased partner, cannot claim any right
under the homestead or exemption laws.
(4) On the death of a partner his right in specific partnership property vests
in the surviving partner or partners, except where the deceased was the last
surviving partner, when his right in such property vests in his legal
representative. Such surviving partner or partners, or the legal representative
of the last surviving partner, has no right to possess the partnership property
for any but a partnership purpose.
(5) A partner's right in specific partnership property is not subject to dower,
curtesy, or allowances to widows, heirs, or next of kin.
1. No sheriff or other officer charged with the collection of money shall, prior
to the return day of an execution or other process upon which the same may be
made, be liable to be summoned as garnishee; nor shall any county collector,
county treasurer or municipal corporation, or any officer thereof, or any
administrator or executor of an estate, prior to an order of distribution, or
for payment of legacies, or the allowance of a demand found to be due by his
estate, be liable to be summoned as garnishee; nor shall any person be so
charged by reason of his having drawn, accepted, made or endorsed any
promissory note, bill of exchange, draft or other security, in its nature
negotiable, unless it be shown at the hearing that such note, bill or other
security was the property of the defendant when the garnishee was summoned, and
continued so to be until it became due.
2. The maximum part of the aggregate earnings of any individual for any
workweek, after the deduction from those earnings of any amounts required by
law to be withheld, which is subjected to garnishment may not exceed (a)
twenty-five percentum, or, (b) the amount by which his aggregate earnings for
that week, after the deduction from those earnings of any amounts required to
be withheld by law, exceed thirty times the federal minimum hourly wage
prescribed by section 6(a) (1) of the Fair Labor Standards Act of 1938 in
effect at the time the earnings are payable, or, (c) if the employee is the
head of a family and a resident of this state, ten percentum, whichever is
less.
The restrictions on the maximum earnings subjected to garnishment do not apply
in the case of any order of any court for the support of any person, any order
of any court of bankruptcy under chapter XIII of the Bankruptcy Act or any debt
due for any state or federal tax.
For pay periods longer than one week, the provisions of subsection 2(a) and (c)
of this section shall apply to the maximum earnings subjected to garnishment
for all workweeks compensated, and under subsection 2(b) of this section, the
"multiple" of the federal minimum hourly wage equivalent to that applicable to
the earnings subject to garnishment for one week shall be represented by the
following formula: The number of workweeks or fractions thereof (x) x 30 x the
applicable federal minimum wage. For the purpose of this formula, a calendar
month shall be considered to consist of 4 1/3 workweeks, a semimonthly period
to consist of 2 1/6 weeks. The "multiple" for any other pay period longer than
one week shall be computed in a manner consistent herewith.
The restrictions on the maximum amount of earnings subjected to garnishment
shall also be applicable to all proceedings involving the sequestration of
wages of employees of all political subdivisions.
The term "earnings" as used herein means compensation paid or payable for
personal services, whether denominated as wages, salary, commission, bonus, or
otherwise, and includes periodic payments pursuant to a pension or retirement
program.
3. In any proceeding of garnishment or sequestration of wages under the
provisions of sections 525.010 to 525.480, the maximum part of the aggregate
earnings of any individual in any workweek which shall be subject to
garnishment or sequestration pursuant to the provisions of subsection 2 of this
section shall be construed to constitute all wages or earnings of the defendant
in the garnishee's possession or charge or to be owing by him to the defendant
in that week.
4. No notice, summons, or writ of garnishment, or sequestration of wages issued
or served under sections 525.010 to 525.480 shall attach or purport to attach
any wages in excess of the amounts prescribed in subsection 2 of this section
and each such notice, summons, or writ shall have clearly and legibly
reproduced thereon the provisions of subsections 2, 5 and 6 of this section.
5. No employer may discharge any employee by reason of the fact that his
earnings have been subjected to garnishment or sequestration for any one
indebtedness.
6. Whoever willfully violates the provisions of subsection 5 of this section is
guilty of a misdemeanor.
§ 377.330. Proceeds not liable for debts
The money or other benefit, charity, relief or aid to be paid, provided or
rendered by any corporation authorized to do business under sections 377.200 to
377.460, shall not be liable to attachment or other process, and shall not be
seized, taken, appropriated or applied by any legal or equitable process, nor
by operation of law, to pay any debt or liability of a policy or certificate
holder, or of any beneficiary named in a policy or certificate.
§ 169.090. Funds not subject to execution, garnishment, attachment
Neither the funds belonging to the retirement system nor any benefit accrued or
accruing to any person under the provisions of sections 169.010 to 169.130
shall be subject to execution, garnishment, attachment or any other process
whatsoever, nor shall they be assignable, except as in sections 169.010 to
169.130 specifically provided.
§ 169.380. Immunity from execution, garnishment or attachment
Any funds in the charge and custody of the board of trustees of the retirement
system under the provisions of sections 169.270 to 169.400 shall not be subject
to execution, garnishment, attachment or any other process whatsoever and shall
be unassignable, unless otherwise specifically provided in sections 169.270 to
169.400.
§ 169.520. Funds not subject to execution, garnishment or attachment and not
assignable -- exceptions
Any funds created by sections 169.410 to 169.540 while in the charge and
custody of the board of trustees of such retirement system shall not be subject
to execution, garnishment, attachment or any other process whatsoever and shall
be unassignable except as in sections 169.410 to 169.540 specifically provided
or in the case of a proper order of child support issued through the division
of child support enforcement.
§ 169.587. Benefits exempted from taxation and creditors--benefits not assignable
Any retirement allowance, benefit, funds, property, or rights created by, or
accruing to any person under the provisions of this chapter, are hereby made
and declared exempt from any tax of the state of Missouri or any political
subdivision or taxing body thereof and shall not be subject to execution,
garnishment, attachment, writ of sequestration, or any other claim whatsoever
and shall be unassignable.
§ 86.190. Exemption from tax and execution
The right of any person to a pension, annuity or retirement allowance, to the
return of contributions, the pension, annuity or retirement allowance itself,
any optional benefit or death benefit, any other right accrued or accruing to
any person under the provisions of sections 86.010 to 86.193 and the moneys in
the various funds created under sections 86.010 to 86.193 are hereby exempt
from any tax of the state of Missouri and shall not be subject to execution,
garnishment, attachment or any other process whatsoever and shall be
unassignable except as in sections 86.010 to 86.193 specifically provided.
§ 86.353. Benefits exempt from taxes and execution--not assignable, exception,
child support or maintenance
The right of any person to a benefit, any other right accrued or accruing to
any person under the provisions of sections 86.200 to 86.366 and the moneys
created pursuant to sections 86.200 to 86.366 are not subject to execution,
garnishment, attachment or any other process whatsoever and are unassignable
except as in sections 86.200 to 86.366 specifically provided. Notwithstanding
the foregoing, nothing in this section shall prevent the board of trustees from
honoring the terms of a court order requiring the retirement system to pay all
or any portion of the retirement benefit otherwise payable to a retired or
disabled member to a third party to satisfy the member's obligation to pay
child support or maintenance. Any relief association created pursuant to
section 86.500 shall be exempt from the tax imposed by sections 143.011 to
143.1013, RSMo.
§ 86.493. Moneys exempt from taxation and process, except for support orders and
assignments
The right of any person to pension or pensions, to the return of contributions,
disability or death benefits or any other right accrued or accruing to any
person under the provisions of sections 86.370 to 86.497 and the moneys in the
various funds created under sections 86.370 to 86.497 are hereby exempt from
any tax of the state of Missouri or of any municipality or political
subdivision thereof, and shall not be subject to execution, garnishment,
attachment or any other process whatsoever and shall be unassignable except as
specifically provided in sections 86.370 to 86.497, and except for court orders
or assignments approved by a court to provide support for family members or a
former spouse of any person entitled to benefits under sections 86.370 to
86.497. A revocable request or authorization by a member or a beneficiary to
withhold and apply for the requester's convenience some portion or all of a
benefit payment, such as a request to apply some portion of a benefit payment
to a medical insurance premium, shall not be deemed an assignment prohibited
under this section provided that any such request shall remain revocable at all
times except as to payments or withholdings effected prior to any such
revocation. The retirement system may, but shall not be obligated to, comply
with any such request.
§ 86.563. Payments from fund not to be diverted
No portion of said pension fund shall before or after its order of distribution
by the board of trustees to the person entitled thereto, be held, seized,
taken, subjected to or detained or levied on by virtue of any attachment,
execution, injunction, writ, interlocutory or other order or decree or any
process or proceedings whatever issued out of or by any court for the payment
or satisfaction in whole or in part of any debt, damage, claim, demand or
judgment against the beneficiary of this fund and no assignment by said
beneficiary shall be valid, but the same shall be null and void, and said fund
shall be held and distributed for the purpose of sections 86.510 to 86.577
solely to the persons entitled thereto and for no other purpose whatever.
§ 87.090. Fund exempt from execution
No portion of said pension fund shall, before or after its order of
distribution by the board of trustees to the persons entitled thereto, be held,
seized, taken, subjected to or detained or levied on by virtue of any
attachment, execution, injunction, writ, interlocutory or other order or
decree, or any process or proceeding whatever issued out of or by any court of
this state for the payment or satisfaction, in whole or in part, of any debt,
damages, claim, demand or judgment against the beneficiary of said fund; but
the said fund shall be held and distributed for the purpose of sections 87.010
to 87.105, and for no other purpose whatever.
§ 87.365. Benefits exempt from taxes and civil process
The right of any person to a benefit, any other right accrued or accruing to
any person under the provisions of sections 87.120 to 87.370 and the moneys in
the various funds created under sections 87.120 to 87.370 are hereby exempt
from any tax of the state of Missouri and shall not be subject to execution,
garnishment, attachment or any other process whatsoever and shall be
unassignable except as in sections 87.120 to 87.370 specifically provided.
§ 87.485. Funds exempt from garnishment or other legal process
No portion of said pension fund shall, before or after its order of
distribution by the board of trustees to the persons entitled thereto, and
before the actual payment thereof to such persons, be held, seized, taken,
subjected to, or detained or levied on by virtue of any attachment, execution,
injunction, writ, interlocutory or other order or decree, or any process or
proceeding whatever issued out of or by any court of this state for the payment
or satisfaction, in whole or in part, of any debt, damages, claim, demand or
judgment against the beneficiary of said funds; but the said funds shall be
held and distributed for the purposes of sections 87.380 to 87.490, and for no
other purpose whatever.
§ 104.250. Law creates vested rights -- benefits exempt from taxes and executions
-- exception, subject to child support and spousal maintenance
1. All payroll deductions and deferred compensation provided for under sections
104.010 to 104.270 are hereby made obligations of the state of Missouri. No
alteration, amendment, or repeal of sections 104.010 to 104.270 shall affect
the then existing rights of members and beneficiaries, but shall be effective
only as to rights which would otherwise accrue under sections 104.010 to
104.270 as a result of services rendered by an employee after such alteration,
amendment, or repeal.
2. Any annuity, benefits, funds, property, or rights created by, or accruing to,
any person under the provisions of sections 104.010 to 104.270 are hereby made
and declared exempt from any tax of the state of Missouri or any political
subdivision or taxing body thereof, and shall not be subject to execution,
garnishment, attachment, writ of sequestration, or any other process or claim
whatsoever, and shall be unassignable except that any payment from the
retirement system shall be subject to the collection of child support or
spousal maintenance.
§ 70.695. Rights accrued under sections 70.600 to 70.755 not subject to
garnishment, execution or bankruptcy proceedings, exceptions
The right of a person to an allowance, to the return of accumulated
contributions, the allowance itself, any allowance option, and any other right
accrued or accruing under the provisions of sections 70.600 to 70.755, and all
moneys belonging to the system shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or to any other
process of law whatsoever, and shall be unassignable, except as is specifically
provided in sections 70.600 to 70.755; except that:
(1) Any political subdivision shall have the right of setoff for any claim
arising from embezzlement by or fraud of a member, retirant, or beneficiary;
and
(2) Such rights shall not be exempt from attachment or execution in a
proceeding instituted for the support and maintenance of children. In all such
actions described in this subdivision, the system shall be entitled to collect
a fee of up to twenty dollars chargeable against the person for each delinquent
attachment, execution, sequestration or garnishment payment.
§ 71.207. Benefits from pension plan exempt from state taxes, execution,
garnishment, attachment, and are unassignable, exception
Whenever any municipality has established pension plans for the pensioning of
the salaried employees of such city and the surviving spouses and minor
children of deceased employees, the right of any person to a benefit, any other
right accrued or accruing to any person under the provisions of such pension
plan and the funds created under such pension plan are exempt from any tax of
the state of Missouri and are not subject to execution, garnishment, attachment
or any other process whatsoever and are unassignable unless specifically so
provided in such plan.
§ 104.540. Law creates vested rights -- certain contributions may be withheld
from benefits and paid over
1. All premium payments and deferred compensation provided for under sections
104.320 to 104.540 are hereby made obligations of the state of Missouri. No
alteration, amendment, or repeal of sections 104.320 to 104.540 shall affect
the then existing rights of members and beneficiaries, but shall be effective
only as to rights which would otherwise accrue hereunder as a result of
services rendered by an employee after such alteration, amendment, or repeal.
2. Any annuity, benefits, funds, property, or rights created by, or accruing or
paid to, any person under the provisions of sections 104.320 to 104.540 shall
not be subject to execution, garnishment, attachment, writ of sequestration, or
any other process or claim whatsoever, and shall be unassignable, except with
regard to the collection of child support or maintenance, and except that a
beneficiary may assign life insurance proceeds. Any retired member of the
system may request the executive director of the system, in writing, to
withhold and pay on his behalf to the proper person, from each of his monthly
retirement benefit payments, if the payment is large enough, the contribution
due from the retired member to any group providing prepaid hospital care and
any group providing prepaid medical and surgical care and any group providing
life insurance when such group is composed entirely of members of the system.
3. The executive director of the system shall, when requested in writing by a
retired member, withhold and pay over the funds authorized in subsection 2 of
this section until such time as the request to do so is revoked by the death or
written revocation of the retired member.
§ 287.260. Compensation to have priority--not assignable--exceptions
1. The compensation payable under this chapter, whether or not it has been
awarded or is due, shall not be assignable, shall be exempt from attachment,
garnishment, and execution, shall not be subject to setoff or counterclaim, or
be in any way liable for any debt and in case of the insolvency of an employer
or his insurer, or the levy of an attachment or an execution against an
employer or insurer shall be entitled to the same preference and priority as
claims for wages, without limit as to time or amount, except that if written
notice is given to the division or the commission of the nature and extent
thereof, the division or the commission may allow as lien on the compensation,
reasonable attorney's fees for services in connection with the proceedings for
compensation if the services are found to be necessary and may order the amount
thereof paid to the attorney in a lump sum or in installments. All attorney's
fees for services in connection with this chapter shall be subject to
regulation by the division or the commission and shall be limited to such
charges as are fair and reasonable and the division or the commission shall
have jurisdiction to hear and determine all disputes concerning the same.
2. Notwithstanding subsection 1 of this section, the compensation payable under
this chapter other than compensation for medical expenses and therapy under
section 287.141, shall be assignable for the purpose of satisfying child
support obligations, shall be subject to attachment, garnishment and execution
for the purpose of collecting and satisfying unpaid and delinquent child
support obligations, and shall be subject to the lien provided for in section
454.517, RSMo. Section 452.140, RSMo, shall apply to limit property exemptions
available in an action to collect child support under this subsection.
§ 86.780. Fund moneys exempt from execution -- not assignable, except for support
obligations
The moneys in the various funds created pursuant to sections 86.600 to 86.790
are hereby exempt from any tax of the state of Missouri or of any other
municipality or political subdivision thereof. Neither such funds, nor the
right of any person to a benefit accruing pursuant to the provisions of
sections 86.600 to 86.790 shall be subject to execution, garnishment,
attachment, or to any other process whatsoever and the right shall be
unassignable except as specifically provided in sections 86.600 to 86.790 and
except for court orders or assignments approved by a court to provide support
for family members or a former spouse of any person entitled to benefits under
sections 86.600 to 86.790. A revocable request or authorization by a member or
a beneficiary to withhold and apply for the requester's convenience some
portion or all of a benefit payment, such as a request to apply some portion of
a benefit payment to a medical insurance premium, shall not be deemed an
assignment prohibited pursuant to this section provided that any such request
shall remain revocable at all times except as to payments or withholdings
effected prior to any such revocation. The retirement system may, but shall not
be obligated to, comply with any such request.
§ 303.240. Cash deposit as proof of responsibility
1. Proof of financial responsibility may be evidenced by the certificate of the
state treasurer that the person named therein has deposited with him sixty
thousand dollars in cash, or securities such as may legally be purchased by
savings banks or for trust funds of a market value of sixty thousand dollars.
The state treasurer shall not accept any such deposit and issue a certificate
therefor and the director shall not accept such certificate unless accompanied
by evidence that there are no unsatisfied judgments of any character against
the depositor in the county where the depositor resides.
2. Such deposit shall be held by the state treasurer to satisfy, in accordance
with the provisions of this chapter, any execution on a judgment issued against
such person making the deposit, for damages, including damages for care and
loss of services because of bodily injury to or death of any person, or for
damages because of injury to or destruction of property, including the loss of
use thereof, resulting from the ownership, maintenance, use or operation of a
motor vehicle after such deposit was made. Money or securities so deposited
shall not be subject to attachment or execution unless such attachment or
execution shall arise out of a suit for damages as aforesaid.
§ 214.190. Cemetery not subject to execution, dower or partition--exception
Lands or property, set apart as burial grounds, either for public or private
use, and so recorded in the recorder's office of the county where such lands
are situated, or any burial ground that may have been used as such for ten
years shall not be subject to sale on execution, to dower, nor to compulsory
partition; provided, that the lands so appropriated and set apart as a private
burial ground shall not exceed one acre in area or one hundred dollars in
value; and provided further, that nothing contained in this section shall be so
construed as to exempt any such burial ground or cemetery property from being
liable for special assessments for street improvements, when such assessment is
levied by an incorporated city in this state.
§ 358.250. Nature of a partner's right in specific partnership property
1. A partner is co-owner with his partners of specific partnership property
holding as a tenant in partnership.
2. The incidents of this tenancy are such that:
(1) A partner, subject to the provisions of this law and to any agreement
between the partners, has an equal right with his partners to possess specific
partnership property for partnership purposes; but he has no right to possess
such property for any other purpose without the consent of his partners.
(2) A partner's right in specific partnership property is not assignable except
in connection with the assignment of rights of all the partners in the same
property.
(3) A partner's right in specific partnership property is not subject to
attachment or execution, except on a claim against the partnership. When
partnership property is attached for a partnership debt the partners, or any of
them, or the representatives of a deceased partner, cannot claim any right
under the homestead or exemption laws.
(4) On the death of a partner his right in specific partnership property vests
in the surviving partner or partners, except where the deceased was the last
surviving partner, when his right in such property vests in his legal
representative. Such surviving partner or partners, or the legal representative
of the last surviving partner, has no right to possess the partnership property
for any but a partnership purpose.
(5) A partner's right in specific partnership property is not subject to dower,
curtesy, or allowances to widows, heirs, or next of kin.
Note: Exemptions may have changed since our last update. For the latest updates on these property exemptions, speak to a local bankruptcy lawyer.
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