Section 3.21 Claiming Exemptions by Debtor

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

G. (§3.21) Claiming Exemptions by Debtor

Property generally exempt from attachment and execution is set out in §§ 513.430 and 513.440, RSMo Supp. 2008, and a debtor should be able to claim these exemptions in a garnishment proceeding. If the debtor is the head of a family, § 513.440 provides that any other property, up to a value of $1,250 plus $350 for each dependent under 18 years old, may be claimed as exempt, in addition to specific property exempt under § 513.430.

Rule 90.16(b) requires the sheriff to apprise the judgment debtor of the debtor's exemption rights. Notice of these rights may be personally served or mailed by regular mail to the judgment debtor within three days of service of the writ of garnishment. Section 513.445, RSMo 2000; Rule 76.075; Rusk v. Rusk, 859 S.W.2d 751 (Mo. App. E.D. 1993). An officer who fails to give the judgment debtor proper notice of the right to claim exemptions may be held liable on the officer's official bond. Dancer v. Chenault, 527 S.W.2d 714 (Mo. App. W.D. 1975).

The debtor's...