What Property Is Exempt From Creditors in Missouri?

In Missouri, a judgment creditor cannot simply take everything you own. State law sets specific dollar caps on what is protected. The centerpiece is Missouri's homestead exemption under Mo. Rev. Stat. Section 513.475, which protects up to $15,000 of equity in the dwelling house and land you occupy as a home (or up to $5,000 of equity in a mobile home you live in). Missouri also caps wage garnishment more tightly than federal law for heads of household, exempts most retirement accounts, and shields public benefits like Social Security and unemployment. These figures are creature of Missouri statute - they differ from neighboring states - so knowing the exact numbers and how to assert them is what keeps a creditor from reaching your property.

Missouri's homestead exemption

Under Section 513.475, the homestead exemption protects $15,000 of equity in the home you actually occupy. Equity means the home's value minus any mortgage or lien you owe - so if your house is worth $200,000 and you owe $190,000, your $10,000 of equity is fully covered. The exemption does not stop a mortgage lender from foreclosing on its own loan, and it does not block tax liens or mechanic's liens. It protects against general unsecured judgment creditors - the credit-card company or medical creditor who sued you and won.

Missouri's homestead figure is modest compared with states like Texas or Florida that offer unlimited or six-figure protection, but Missouri does not require a homestead declaration to be filed in advance for the basic exemption to apply to a judgment. Married couples should note that Missouri treats the homestead as a single exemption for the household, not a doubled amount per spouse.

Wages and the garnishment cap

If a creditor garnishes your paycheck, Missouri limits how much can be taken. The federal baseline, set by the Consumer Credit Protection Act, allows a creditor to garnish the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Missouri follows that 25% ceiling for most workers under Mo. Rev. Stat. Section 525.030 - but Missouri gives an important extra protection to a head of family. If you are the head of a household supporting a spouse or dependents, only 10% of your disposable earnings may be garnished, instead of 25%.

"Disposable earnings" means what is left after legally required deductions such as taxes and Social Security - not after voluntary deductions. Different limits apply to child-support and tax debts, which can reach a larger share of your wages. Because Missouri's minimum-wage rate and the dollar floor for protected wages can change each year, confirm the current figures with the Missouri Department of Labor before relying on a specific number; as a rule of thumb for 2026, the percentage caps (25% general, 10% head of family) remain the controlling test.

Your vehicle, household goods, and wildcard

Missouri's personal-property exemptions live in Mo. Rev. Stat. Section 513.430. The most commonly used include:

  • Motor vehicle: up to $3,000 of equity in one motor vehicle (Section 513.430.1(5)).
  • Household goods and clothing: up to $3,000 (aggregate value) in household furnishings, goods, wearing apparel, appliances, books, animals, crops, and musical instruments held for personal, family, or household use (Section 513.430.1(1)).
  • Jewelry: up to $1,500 in jewelry held for personal, family, or household use, plus a separate protection for a wedding ring (Section 513.430.1(2)).
  • Tools of the trade: up to $3,000 in implements, books, and tools used in your trade or business (Section 513.430.1(4)).
  • Wildcard: up to $600 in any property of your choosing (Section 513.430.1(3)).

Missouri also gives a head of family an additional wildcard under Section 513.440: $1,250 in any property, plus $350 for each unmarried dependent child under 18. That head-of-family allowance stacks on top of the general exemptions and can be used to shield cash, a bank balance, or other property that would otherwise have no specific category.

Retirement accounts and life insurance

Most retirement savings are well protected in Missouri. Section 513.430.1(10)(e) and (f) exempt pensions, stock-bonus, profit-sharing, and similar plans, and individual retirement accounts (IRAs), to the extent reasonably necessary for the support of you and your dependents. Employer plans governed by the federal ERISA statute - such as a traditional 401(k) - generally enjoy even broader protection under federal law and are typically beyond a creditor's reach entirely while the funds remain in the plan. Public-employee and teacher retirement systems have their own statutory shields.

Life insurance and annuity benefits, and certain disability and health benefits, are also exempt under Section 513.430.1(7) through (10). The key practical point: money is far safer inside a qualified retirement account than sitting in a checking account, where it loses its retirement character once withdrawn.

Public benefits: Social Security, unemployment, and more

Several benefit streams are off-limits to ordinary creditors. Social Security and Supplemental Security Income are protected by federal law (42 U.S.C. Section 407), which preempts state collection efforts. Missouri separately exempts unemployment compensation (Section 288.380), workers' compensation benefits (Section 287.260), and public assistance and AFDC/TANF-type benefits (Section 513.430.1(10)(a)). Veterans' benefits and certain disability payments are likewise protected.

A frequent trap is the bank levy. When a creditor freezes a bank account that contains exempt funds - say, a direct-deposited Social Security check - the money is still legally exempt, but the bank may freeze it anyway. Federal rules require banks to protect a look-back amount of recent federal benefit deposits automatically, but mixed funds can complicate matters. If your account is frozen, you must act quickly to claim the exemption and get the money released.

How to actually claim your exemptions

Exemptions are not always self-executing. If a creditor garnishes your wages or levies your bank account, you generally need to assert your rights in writing with the court that issued the judgment. Practical steps:

  • Act fast. Once you receive a garnishment or levy notice, deadlines to object are short - often just a couple of weeks. File a claim of exemption with the court promptly.
  • Identify the exempt property. State which statute applies (for example, Section 525.030 for head-of-family wages, or 42 U.S.C. Section 407 for Social Security) and how much you are claiming.
  • Provide proof. Bank statements showing the source of deposits, pay stubs, or benefit award letters help demonstrate the funds are protected.
  • Request a hearing if the creditor disputes your claim, and keep copies of everything you file.
  • Keep exempt funds separate. Depositing Social Security or unemployment into a dedicated account, not mixed with other money, makes it far easier to prove the exemption.

Because procedures and time limits are strict and a missed deadline can let a creditor keep the money, many people consult a consumer attorney or a local legal-aid office. Missouri legal-aid organizations and the courts' self-help resources can walk you through the claim-of-exemption forms.

Where to verify and get help

Always confirm current dollar amounts and procedures before you rely on them, because the legislature can amend exemption figures and benefit rates change yearly. The official source for the statutes is the Revised Statutes of Missouri (Chapter 513 for exemptions and Chapter 525 for garnishment), published by the Missouri General Assembly. For complaints about abusive collection practices, contact the Missouri Attorney General's Consumer Protection Division, which enforces state consumer-protection law and accepts complaints from Missouri residents. At the federal level, the Fair Debt Collection Practices Act (FDCPA) bars third-party debt collectors from harassing or deceiving you, and the Fair Credit Reporting Act (FCRA) governs how debts appear on your credit report - protections that apply on top of Missouri's exemption rules.

This article is general information, not legal advice. Your exact protections depend on your circumstances, the type of debt, and current law, so verify the figures with the official Missouri sources above or speak with a Missouri attorney before acting.

This page is based on Missouri law. Limits and deadlines change — verify the current details directly with the official Missouri sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Missouri’s own rules.

Frequently asked questions

How much home equity can I protect from creditors in Missouri?

Missouri's homestead exemption under Mo. Rev. Stat. Section 513.475 protects up to $15,000 of equity in the home you occupy, or up to $5,000 in a mobile home you live in. It shields equity from general judgment creditors but not from a mortgage lender foreclosing on its own loan or from tax liens.

Can a creditor garnish all of my wages in Missouri?

No. Under Section 525.030, a creditor can take at most 25% of your disposable earnings, matching the federal cap. If you are the head of a family supporting dependents, only 10% can be garnished. Child-support and tax debts follow different, higher limits.

Is my Social Security safe from a Missouri bank levy?

Yes. Social Security and SSI are exempt under federal law (42 U.S.C. Section 407), which overrides state collection. But a bank may still freeze the account, so file a claim of exemption quickly and keep these benefits in a separate account to prove the funds are protected.

Are my retirement accounts protected from creditors in Missouri?

Generally yes. Section 513.430 exempts pensions and IRAs to the extent reasonably necessary for support, and ERISA-governed plans like 401(k)s are broadly protected under federal law while funds remain in the plan. Money loses protection once withdrawn into a regular bank account.

How do I claim an exemption after a garnishment in Missouri?

File a written claim of exemption with the court that issued the judgment, cite the statute that protects the property, and attach proof such as pay stubs or benefit letters. Deadlines are short, so act within days of receiving the notice and request a hearing if the creditor objects.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

Knowing your rights is the first step

Join thousands committing to calmly and consistently exercise their constitutional rights.

Take the Pledge