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MISSOURI Judgment Enforcement

See Missouri Judgment Enforcement Law below.

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 Beacon Recovery Systems  Don't let another Dollar Slip through Your Hands! BeaconRecoverySystems.com 636-386-3913
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Judgments and Enforcement:

Executions upon a judgment may be issued at any time within ten (10) years after the rendition of such judgment (Section 513.020) and may be revived upon the filing of an action with the Court at any time within (10) years. (Section 511.370.)

A judgment rendered by any Circuit Court may become a lien on the real property of the judgment debtor upon the recording of an abstract of judgment in the county in which the real property is situated.  (Section 511.350(1), Section 511.500.)  A judgment rendered by the Associate Circuit Court may become a lien on a judgment debtor's real property only if a transcript of the judgment is filed with the Clerk of the Circuit Court.  (Section 511.350(2).)  A judgment rendered in the Small Claims Court does not become a lien against the real estate of the judgment debtor.  (Section 511.350(3).)

All non-exempt goods and chattels, rights and shares in stocks,  gold and silver coin, bills or other evidence of debt and real property of the judgment debtor are generally liable to be seized and sold upon attachment and execution.  (Section 513.090.)  The wages of a judgment debtor may be garnished, however, the maximum amount of his aggregate earnings for any workweek which is subject to garnishment, after deduction from those earning all amounts required to be withheld by law, may not exceed 25% or 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,   if the employee is the head of a family and a resident of the State of Missouri, 10%, whichever is less. (Section 525.030.)  Wages earned by a judgment debtor outside the State of Missouri generally are exempt from attachment.  (Section 525.300.)

A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both. (Section 511.070.)  A defendant, or his attorney in fact, may file with the appropriate court a statement in writing, signed by him and verified by affidavit, stating the amount for which the judgment may be rendered, the concise facts out of which the liability arose, the sum confessed to be due or to become due, and authorizing the entry of a judgment by confession.( Section 511.080, Section 511.100.)   The Court generally will render judgment for the amount confessed after first being satisfied of the identity of the defendant, if present, or, if not present, that he executed the statement in writing, and made the affidavit required.  (Section 511.090.)

Foreign Judgment:

The State of Missouri generally adopts the Uniform Enforcement of Foreign Judgments Act.  Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Missouri.  (Rule 74.14, Missouri Rules of Civil Procedure.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, a certified copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.  The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address.  Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
 

Interest:

    Legal rate:  9% per annum (Section 408.020.)

    Written Contract rate:  Parties to a written contract for money may agree to a rate of interest not exceeding 10% per annum, except that, when the "market rate" exceeds 10% per annum, the parties may agree, in writing, to a rate of interest not exceeding the "market rate". (Section 408.030.)  Notwithstanding this limitation, it is lawful for parties to agree in writing to any rate of interest, fees, and other terms and conditions in connection with loan to a corporation, general partnership, limited partnership or limited liability company; business loan of $5,000.00 or more; real estate loan, other than residential real estate loans and loans of less than $5,000.00 secured by real estate used for an agricultural activity; or loan of $5,000.00 or more secured solely by certificates of stock, bonds, bills of exchange, certificates of deposit, warehouse receipts, or bills of lading pledged as collateral for the repayment of such loans.

    Judgment rate:    Interest allowed on all money due upon a money judgment is 9%, or the rate which is agreed to by the parties in the contract upon which it is sued.  (Section 408.040.)
     

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection
therewith, not exceeding the value of $8,000.00, is generally exempt from attachment and execution. This homestead exemption
shall not be allowed for more than one owner if one owner claims the entire amount allowed but, if more than one owner claims an exemption of the same property, , the exemption allowed to each of such owners shall not exceed, in the aggregate, the total exemption allowed as to any one homestead. (Section 513.475.)

Personal property of a debtor which are exempt from attachment and execution may include household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily the use of the debtor and his dependent not to exceed $1,000 in value in aggregate; jewelry not to exceed $500.00 in value in aggregate; any other property of any kind, not to exceed in value $400.00 in the aggregate; any implements, professional books or tools of the trade not to
exceed $2,000.00 in value in the aggregate; any motor vehicle, not to exceed $1,000.00 in value; any mobile home used as the principal residence, not to exceed $1,000.00 in value; any one or more unmatured life insurance contracts owned by the debtor,  other than a credit life insurance contract; the amount of any accrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts owned by the debtor under which the insured is the debtor or or an individual of whom the debtor 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 $5,000.00 in the aggregate less any amount of property of the debtor transferred by the life insurance company to itself, not to be exempt from claim for child support; professional heath aids for the debtor or his dependent; social security benefit, unemployment compensation or a local public assistance benefit; veteran's benefit; disability, illness or unemployment benefit; and alimony, support or separate maintenance, not to exceed $500.00 a month.  In addition, payments made under certain pension or annuity plans and spendthrift trusts created for the benefit of employees may also be exempt. (Section 513.430.)

If the debtor is the head of a family, he 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 $850.00 plus $250.00 for each of such person's unmarried dependent children under the age of eighteen years, except 10% of any debt, income, salary or wages due such head of a family. (Section 513.440.)

In a bankruptcy proceeding, a debtor who is a resident of the State of Missouri, is permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the state of Missouri or under federal law, other than Title 11, United States Code, Section 522(d), and no such person is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d).  (Section 513.427.)

Statutes of Limitations

Civil actions generally can be commenced only within certain time limitations.  The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered.  For the purposes of sections 516.100 to 516.370 of the Missouri Revised Statutes which governs limitations of action, a cause of action is not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment.  If there are more than one item of damage, then the time runs from the last item so that all resulting damage may be recovered, and full and complete relief obtained. (Section  516.100.)

In an action brought to recover a balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action generally is deemed to have accrued from the time of the last item in the account on the adverse side. (Section 516.160.)

When a cause of action accrues is a critical issue and may be different on a case by case basis.  A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes.  Some of the time limitations relevant to credit and collection matters are as follows:
 
 

Written contract  10 years  Section 516.110(1)
Oral contract    5 years Section 516.120(1)
Sale of goods   4 years Section 400.2-725(1)
Fraud   5 years Section 516.120(5)
Injury to personal property   5 years Section 516.120(4)
Actions for relief, not otherwise provided for under the statutes. 10 years
 
 
Section 516.110(3)
 
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