Part III · Rule 90: Garnishments and Sequestration · Last amended July 1, 2016 · Last verified July 22, 2026
In one sentenceRule 90.035 requires every writ of garnishment to notify the debtor of possible exemptions, gives the debtor 20 days to file a verified claim of exemption, gives the garnishor 20 days to contest it, and sets a 30-day deadline for any hearing the court orders on a disputed exemption.
(a)Every writ of garnishment shall have clearly and legibly printed thereon a notice to the person against whom the garnishment has issued that:
(1)A garnishment has been levied;
(2)Certain funds may be exempt under sections 513.430 and 513.440, RSMo, or under Title 31 C.F.R. Part 212; and
(3)The person has the right to hold the funds as exempt from garnishment. The notice shall also generally state that there are certain exemptions under state and federal law that the judgment debtor may be able to claim with respect to the funds levied upon and describe the procedure for claiming the funds as exempt.
(b)The judgment debtor may claim any exemption by filing a verified claim of exemption with the court and serving a copy of it on the garnishor within 20 days after being served with the notice of garnishment. The party requesting the garnishment may object to any claim for exemption within 20 days of the filing of the verified request by filing a request for court review. If a request for court review is not timely filed, the garnishee shall release from garnishment the funds claimed as exempt by the judgment debtor or, if any such exempt funds shall have been previously paid to the court or the garnishor, such exempt funds shall be returned to the judgment debtor not later than ten days after the last day on which the garnishor could have timely filed a request for court review.
(c)Upon filing of an objection to a claim of exemption, the clerk shall promptly present said objection before the court in chambers. The court may rule upon the objection to claim of exemption upon the pleadings or may order a hearing. Any hearing required by the court shall be expedited, shall be held not later than 30 days after the filing of the request for court review, and shall be held upon not less than five days notice of the hearing to all parties in interest.
Amendment History
Adopted Dec. 23, 2015, eff. July 1, 2016.
Plain-English Summary
Garnishment can reach money the debtor is legally entitled to keep, so Rule 90.035 builds a notice-and-response process around exemptions. Every writ of garnishment must print, clearly and legibly, a notice telling the debtor that a garnishment has been levied, that certain funds may be exempt under Missouri’s exemption statutes or the federal regulation the rule cites, and that the debtor has the right to claim those funds as exempt. The notice also has to describe, in general terms, how to make that claim.
To claim an exemption, the debtor files a verified claim with the court and serves a copy on the garnishor within 20 days of being served with the garnishment notice. The garnishor then has 20 days from that filing to object by filing a request for court review. If the garnishor lets that 20-day window pass without objecting, the garnishee has to release the claimed funds from garnishment — and if the funds were already paid over to the court or the garnishor, they must be returned to the debtor no later than ten days after the garnishor’s deadline to object expired.
When the garnishor does object, the clerk brings the objection to the court promptly, and the court can decide it on the papers or order a hearing. Any hearing the court orders must move fast: it has to happen within 30 days of the request for court review being filed, and every interested party must get at least five days’ notice of it. That combination — a short window to claim an exemption, an equally short window to contest it, and a fast hearing when a fight breaks out — keeps exemption disputes from stalling a garnishment case indefinitely.
Frequently Asked Questions
How long does a debtor have to claim an exemption?
The debtor must file a verified claim of exemption with the court and serve it on the garnishor within 20 days of being served with the garnishment notice.
What happens if the garnishor never objects to the claimed exemption?
If the garnishor does not file a request for court review within 20 days, the garnishee must release the exempt funds. Any exempt funds already paid over must be returned to the debtor within ten days after the garnishor’s objection deadline passed.
How quickly must the court hold a hearing on a contested exemption?
Any hearing the court orders must be held within 30 days after the request for court review is filed, with at least five days’ notice to all interested parties.
What must the notice printed on the writ tell the debtor?
It must state that a garnishment has been levied, that certain funds may be exempt under the cited state and federal provisions, and that the debtor has the right to claim the funds as exempt, along with a general description of the claim procedure.
Can the court decide an exemption objection without a hearing?
Yes. The rule allows the court to rule on the objection based on the pleadings, or to order a hearing if it decides one is needed.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:garnishment exemptions Missouriclaim of exemption garnishmentexempt funds from garnishmentobjecting to exemption claimgarnishment exemption hearing