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Missouri just tripled the homestead an assessment judgment cannot touch

Missouri just tripled the homestead an assessment judgment cannot touch
Missouri · Legislation

Missouri just tripled the homestead an assessment judgment cannot touch

What happened. Missouri rewrote its judgment-collection exemptions. From 1 January 2027 the homestead a creditor cannot reach on execution rises from $15,000 to $40,000, and from 2029 it ratchets with inflation every three years. The household-goods exemption goes from $3,000 to $15,000. From 1 January 2028, bank garnishment is narrowed and slowed.1

The bill is House Bill 1870 (2026), official designation SS HCS HB 1870, sponsored by Representative Lane Roberts. The Governor signed it on 6 May 2026. For an association that collects delinquent assessments by suing for a money judgment, this is the most consequential enacted change in Missouri in either of the last two sessions — and it cuts against associations.

The homestead number

Section 513.475.1, as re-enacted, with the deleted figure in brackets:

“513.475. 1. The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection therewith, not exceeding the aggregate value of [fifteen] forty thousand dollars, which is or shall be used by such person as a homestead, shall, together with the rents, issues and products thereof, be exempt from attachment and execution.”

And it does not stop there

New section 513.423 builds in an automatic inflation ratchet:

“513.423. 1. On April 1, 2029, and on each three-year interval ending on April first thereafter, each dollar amount in effect under sections 513.430 and 513.475 shall be adjusted:

(1) To reflect the change in the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, or its successor index, for the most recent three-year period ending immediately before January first preceding such April first; and

(2) To round to the nearest twenty-five dollars, the dollar amount that represents such change.

… 3. Adjustments made in accordance with subsection 1 of this section shall not apply with respect to cases commenced before the date of such adjustments.”

The personal-property exemptions, all of them up

Effective the same day, 1 January 2027, section 513.430 raises: household furnishings, goods, apparel, appliances, books, animals, crops and musical instruments held for personal, family or household use from $3,000 to $15,000 in aggregate; jewellery other than a wedding ring from $500 to $1,700 (the wedding-ring exemption stays at $1,500); the “any property of any kind” wildcard from $600 to $1,700; motor vehicles from $3,000 to $5,000, increasable by unused household-goods allowance up to an additional $10,000; and a mobile home used as a residence from $5,000 to $12,000.

Three different dates

The act's own Section B and section 525.235.12 split the timing, and getting this wrong will cost a board a filing:

“Section B. The enactment of section 513.423 and the repeal and reenactment of sections 513.380, 513.430, and 513.475 of this act shall become effective on January 1, 2027.”

“525.235. … 12. The provisions of subsections 1 to 11 of this section shall be effective January 1, 2028.”

Everything else in the act runs on the default 28 August 2026.

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The one provision that helps associations

Buried in the same act is a genuine new tool for creditors, and it is the part of most immediate use to counsel. Section 513.380.1 deletes the old five-year window on debtor examinations and replaces the whole trigger:

“A judgment creditor [in such execution, his executor, administrator or assign, may,] shall, upon motion made at any time [within five years after such return so made] before the judgment has been satisfied of record by the judgment creditor and before the judgment being presumed paid and satisfied under section 516.350, be entitled to an order by the court rendering such judgment, requiring the judgment debtor … to appear before such court … to undergo an examination under oath touching his or her ability and means to satisfy said judgment…”

Two changes there. The right is no longer conditioned on having first run an execution that came back unsatisfied, and it no longer expires. From 1 January 2027 an association holding an unsatisfied assessment judgment can move at any time, for as long as the judgment lives, and is entitled to an order compelling the owner — or a corporate owner's chief officer — to be examined under oath about assets. For a board facing an LLC-owned lot whose bank accounts are invisible, that is the single most useful sentence in the bill.

Bank garnishment, from 2028

New section 525.235 makes account garnishment the exclusive route and narrows it substantially:

“2. All orders of garnishment issued in this state for the purpose of attaching to account funds on deposit held by a financial institution shall be issued only under this section and shall attach only to such funds held by the financial institution on the date of service on the financial institution, provided the effective date of service shall be a banking day and provided service is made prior to the financial institution's business cutoff time… The return date for orders of garnishment under this section shall not be less than thirty days from the effective date of service.”

Alongside that: no more than one garnishment for the same claim against the same judgment debtor in any 30-day period without a court order; the garnishor must hold a good-faith belief the garnishee actually holds the debtor's assets; and account holders — including an innocent joint holder whose entire balance is withheld — get notice within two business days and 30 days to object or claim an exemption. Serial fishing garnishments are finished.

The distinction that decides whether any of this reaches you

This is the part most likely to be reported wrongly, so we will be explicit. Section 513.475 is an exemption from attachment and execution on a judgment. It is not a rule about liens.

A Missouri association generally has two different remedies for unpaid assessments, and they run on different machinery:

  1. Sue the owner and get a money judgment, then execute against the owner's property. This is the route the new exemptions restrict. A $40,000 homestead, CPI-indexed, sitting in front of a judgment lien makes execution against a modest Missouri home substantially less productive.
  2. Enforce the assessment lien the declaration creates, by whatever foreclosure mechanism the recorded instrument provides. That is a consensual security interest arising from the covenants, not an execution on a judgment, and the homestead exemption does not by itself defeat it.

Which remedy an association has, and on what terms, is a question about its declaration or indenture — Missouri has no general planned-community statute supplying one. Boards and their counsel should be clear about which remedy they are using before assuming this act has changed their position.

What a board can do before 1 January 2027

  1. Ask counsel to triage the existing judgment file now. Judgments obtained and executed on before 1 January 2027 are governed by the old amounts, and section 513.423.3 says CPI adjustments “shall not apply with respect to cases commenced before the date of such adjustments.” Where execution against a homestead is realistically productive under the $15,000 figure and would not be under $40,000, the calendar matters.
  2. Stop planning on personal-property execution against residential debtors. A fivefold rise in the household-goods exemption and a near-tripling of the wildcard makes a levy on furniture pointless in most cases. It was rarely worth the sheriff's fee before.
  3. Re-read the declaration's lien and remedy provisions. If the recorded instrument gives the association a lien with a workable enforcement mechanism, that route is unaffected by this act and is now comparatively more valuable. If it does not — and in older Missouri indentures it often does not say clearly — that is a governing-document problem that has just become more expensive.
  4. Move earlier on delinquencies, not harder later. The arithmetic of this act rewards catching a delinquency at three months rather than at three years. Every collection tool downstream of a judgment got worse; nothing about the front end changed.
  5. Calendar the debtor examination. From 1 January 2027 it is available at any time on motion, for the life of the judgment. On an LLC-owned or absentee-owned lot it is the discovery step that makes the rest possible.
  6. Budget for slower bank garnishment from 2028. A 30-day minimum return date and a one-per-30-days limit change the cash-flow assumption behind any collection policy that treats garnishment as a quick lever.

What to watch next

The first CPI adjustment lands 1 April 2029 and will be published rounded to the nearest $25. Nothing in Missouri law requires anyone to tell an association board what the number became.

Related Missouri HOA Topics

← All Missouri HOA Topics

  1. SS HCS HB 1870 (2026), truly agreed and finally passed text — §§ 513.380, 513.423, 513.430, 513.475, 525.235
  2. Official House summary of SS HCS HB 1870 (2026)
  3. Missouri Senate, Governor's Action on Truly Agreed Bills, 2026 Regular Session

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