406 S.W.3d 479
Mo. Ct. App.2013Background
- Garnishors obtained a $6,984 judgment against Employee Mark Griep; they served a writ of garnishment on Employer Colt Industries to collect.
- Employee orally told Employer he claimed the Missouri "head of family" exemption; Employer withheld 10% of Employee’s 1099 earnings accordingly.
- Garnishors objected, arguing Employer should have withheld 25% absent written verification of the exemption and sought judgment against Employer for the $3,996 difference plus fees.
- Trial court entered judgment against Employer for the difference and declined to award Employer fees; Employer appealed.
- The appellate court considered whether a garnishee must obtain written verification of a head-of-family claim and whether Employer was entitled to costs and attorney’s fees under Rule 90.12 and Rule 84.21.
Issues
| Issue | Garnishors' Argument | Employer's Argument | Held |
|---|---|---|---|
| Whether a garnishee must obtain written verification before applying the head-of-family exemption to limit withholding to 10% | Written verification required (relying on analogy to levy/levying-officer exemption procedures) | No written verification required; oral claim and knowledge suffice under §525.030 and Rule 90.15 | Reversed trial court: no written verification required for garnishees; 10% withholding proper |
| Whether Employer is entitled to costs and attorney’s fees after garnishor filed exceptions but did not obtain judgment against garnishee | Garnishors did not address this favorably | Employer argued Rule 90.12 mandates fees when garnishor files exceptions but does not obtain judgment against garnishee | Employer entitled to costs and attorney’s fees under Rule 90.12; appellate costs under Rule 84.21 awarded |
Key Cases Cited
- State v. Andrews, 329 S.W.3d 369 (Mo. banc 2010) (standard for statutory interpretation/review de novo)
- Moore Auto. Grp., Inc. v. Goffstein, 301 S.W.3d 49 (Mo. banc 2009) (garnishment governed by chapter 525 and Rule 90)
- A & L Underground, Inc. v. Leigh Const., Inc., 162 S.W.3d 509 (Mo.App.W.D.2005) (Rule 90.12(b) mandatory fee award)
- City of Willow Springs v. Mo. State Librarian, 596 S.W.2d 441 (Mo. banc 1980) (statutory construction principles)