State Law Exemptions from Collection
Try This If You Are Garnished
Collection is an extremely unpleasant thing, and you will want to avoid it if possible. That means not allowing anybody to get a judgment against you.
We don’t include this information here to help you avoid collection, however. This information should help you understand the legal status of your assets for purposes of your negotiation planning. Remember: you should think long and hard about giving a debt collector any protected assets (which all of these exemptions are), but that does not mean you should never do so. These exemptions are the exemptions provided under Missouri law (paraphrased – look up the law for exact statutory language), but different states have very different rules on some of these exemptions (most notably on homesteads). For an exact understanding of all the exemptions under your state’s laws, we suggest you google the term “exemptions from levy” plus your state’s name.
There are specific procedures you would follow in order to claim these exemptions if a levy (garnishment) occurred, but again, we include this information simply as a guide to understanding the legal character of your assets.
513.430 RSMo. 2010 et seq. provides the following exemptions:
1. Household furnishings and goods, clothes, appliances, books… held primarily for personal, family or household use of the debtor or a dependent, not to exceed $3,000 total.
2. A wedding ring worth not more than $1,500, plus other personal jewelry worth no more than $500 total.
3. Any property, of any kind, not to exceed $600 in value in total.
4. Implements, professional books or tools of the trade of the debtor or a dependent worth not more than $3,000.
5. Any motor vehicle worth not more than $3,000.
6. Any mobile home used as the principle residence but not on or attached to property owned by the debtor, worth no more than $5,000.
7. Any unmatured life insurance contracts.
8. Amount of any unaccrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts.
9. Professionally prescribed health aids for debtor or dependents.
10. Right to receive social benefit, unemployment compensation, or a local public assistance benefit, veteran’s benefits, disability, illness or unemployment benefits, or a stock bonus plan (etc.).
11. Right to receive money or property traceable to a payment on account of the wrongful death of an individual on whom the debtor was dependent (with some limitations).
12. A homestead consisting of a house and appurtenances and land worth not more than $15,000.
Motions to Dismiss Article and Video
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Motions to Dismiss when Sued for Debt
Motions to dismiss are different from Motions for Summary Judgment Motions. They rely only on the pleadings. This video explains what a motion to dismiss is and how to deal with it if you’re pro se.
You Can Get A Motions to Dismiss Pack
One of the best defenses to a lawsuit is a motion to dismiss, and often you must file your motion to dismiss before filing an answer or you will lose important rights. On the other hand, the debt collector may well file a motion to dismiss your counterclaim or even affirmative defenses. This Motion to Dismiss Pack helps you file a motion if you need to – or defend against the motion if the plaintiff files on against you.
It contains
These are the things you will need to attack the pleadings of the debt collector and begin your defense of the lawsuit. In many cases you need to do this before filing your Answer or you will lose certain important rights.
Motions to Compel
Motion to Compel–Forcing the Debt Collector to Give You What You Need
First you figure out what you need to prove, then you figure out how to ask the other side for them with interrogatories and requests for documents, but they often try to stonewall you or just ignore your discovery requests. How do you make them give you answers instead of objections? Filing a good motion to compel is often a turning point that forces the debt collector to give up. This video tells you what to do and how.
When is Evidence Evidence
When Can Documents or Testimony be Used against You?
What makes some things “admissible” to be used in court in a trial but other things not? What makes something evidence that can be used for or against you? This video is a very short primer on evidence. Your case will almost certainly be decided on the basis of whether you can keep some things out of evidence – or whether they can get them in.
You Must Object
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Hearsay – Nearly a Silver Bullet
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Mediation in Pro Se Debt Cases
Don’t Lose Your Shirt in Mediation
Mediation, as opposed to arbitration is a form of settlement discussion where another person -preferably who knows something about the law controlling the issues in dispute – can help “bring the parties together” in settlement.
Most frequently this arises in a litigation setting, after suit has been filed, or in divorce, for example, where suit is contemplated. In theory, however, it could happen any time. It just only happens in litigation in practice.
Mediation is sometimes required by the courts as a condition to litigation as a way to increase the chance of settlement, and it can sometimes even be helpful. But much of the time you will be involved with a mediator who pays too much attention to the debt collector’s lawyer and doesn’t know the laws or realities of debt collection himself or herself. What’s a pro se defendant to do? This video will help.
Protect Yourself
Just remember, you never have to settle in a mediation, but if you do, you’re stuck with what you agree to. Go into a mediation with a plan, remember that you have a good chance of winning, and remember also that this will not be your only chance to settle. You should also remember that one of your jobs may be to teach the mediator a little law on debt collection and the rules of evidence. You should be ready to discuss the rule against hearsay in your state and the business records exception and talk about how they apply or not to your case.
Buying Credit Repairs
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Exemptions from Collections
State Law Exemptions from Collection
Try This If You Are Garnished
Collection is an extremely unpleasant thing, and you will want to avoid it if possible. That means not allowing anybody to get a judgment against you.
We don’t include this information here to help you avoid collection, however. This information should help you understand the legal status of your assets for purposes of your negotiation planning. Remember: you should think long and hard about giving a debt collector any protected assets (which all of these exemptions are), but that does not mean you should never do so. These exemptions are the exemptions provided under Missouri law (paraphrased – look up the law for exact statutory language), but different states have very different rules on some of these exemptions (most notably on homesteads). For an exact understanding of all the exemptions under your state’s laws, we suggest you google the term “exemptions from levy” plus your state’s name.
There are specific procedures you would follow in order to claim these exemptions if a levy (garnishment) occurred, but again, we include this information simply as a guide to understanding the legal character of your assets.
513.430 RSMo. 2010 et seq. provides the following exemptions:
1. Household furnishings and goods, clothes, appliances, books… held primarily for personal, family or household use of the debtor or a dependent, not to exceed $3,000 total.
2. A wedding ring worth not more than $1,500, plus other personal jewelry worth no more than $500 total.
3. Any property, of any kind, not to exceed $600 in value in total.
4. Implements, professional books or tools of the trade of the debtor or a dependent worth not more than $3,000.
5. Any motor vehicle worth not more than $3,000.
6. Any mobile home used as the principle residence but not on or attached to property owned by the debtor, worth no more than $5,000.
7. Any unmatured life insurance contracts.
8. Amount of any unaccrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts.
9. Professionally prescribed health aids for debtor or dependents.
10. Right to receive social benefit, unemployment compensation, or a local public assistance benefit, veteran’s benefits, disability, illness or unemployment benefits, or a stock bonus plan (etc.).
11. Right to receive money or property traceable to a payment on account of the wrongful death of an individual on whom the debtor was dependent (with some limitations).
12. A homestead consisting of a house and appurtenances and land worth not more than $15,000.
Generating Positive Credit Information
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