Section 2.9 Persons Entitled to Exemption Rights

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

3. (§2.9) Persons Entitled to Exemption Rights

The primary exemption statutes allow each person to claim as exempt an interest in the specific property enumerated within the statutory scheme.

Although § 525.030, RSMo 2000, limiting the amount of wages subject to garnishment in aid of execution, is the only exemption statute expressly requiring that the person claiming the exemption be a resident of Missouri, it has been held that only Missouri residents are entitled to the protection of the Missouri exemption laws. Mignogna v. Chiaffarelli, 131 S.W. 769 (Mo. App. W.D. 1910).

But in Ferneau v. Armour & Co., 303 S.W.2d 161 (Mo. App. E.D. 1957), the court held that the defendant, a Nebraska resident, was entitled to a 90% exemption of wages under the Nebraska statute. Both Missouri and Nebraska exempt 90% of the wages of the head of a family from execution. Although the defendant was not entitled to an exemption under the Missouri statute and could not...