The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-09
JudgeSimOn Deals Blow to Mis-
souri, Collection Agencies.
Have Long Secured Kansas
Claims and Then Garnished.
MAKES AN EXAMPLE.
Judgment Given to Edward
n. Moore, a Victim.
Original Holder Of Claim Must
Pay Back Money.

In awarding Judgment to Edward N.
Moore for $S7.15 in his suit against
| Anna Shalvo andC. E. Shalvo, Judge
Simon of the city court took a stand
today which will go to certain extents
to break up what is characterized by
those familiar with the situation as q
"nefarious' practice
Because the laws Of the state Of MIS-
souri, and those of Kansas relating TO
the garnisheement of the salaries of in
dividuals, are quite as far apart on
the question at issue as laws could be,
1T has been the plan of firms and in
dlV1duals having just. or otherwise.
claims against creditors in Topeka and
other parts of Kansas as well, to sell
them, or at least pretend to sell them
to persons in Kansas City, Mo-. who
proceed to collect them through pro-
ceedings of an ex parte nature in JUS :
tice of the peace courts in that state
through a garnisheement Of salaries that
is permitted there, because of the ruI-
ingS of the Justices of the peace, and
which would not maintain in this state.
In Kansas a mans salary cannot be
garnisheed if he can prove, and such
that all of it is needed for the support
of his family. This exemption given
him is not provided for in the Mis-
souri, law. But in that state no gar
nisheement is provided for by law an
less the claim on which it is brought
is for more than 5000. This law, how
ever, is 01SregarQeQ Dy the justices OF
the peace in that state, who seem to 81
be working overtime at this trade For
a real debt, or an alleged one, which
has been contracted by a Kansas man.
these justices of Missouri are not slow
garnisee salaries. And the employers
of the garnisheed, who are generally
railroad companies, have been in the
habit of recognizing these garnishee-
ment proceedings in Missouri and pay
ing the claim from the salaries due the
In the particular case at issue. on
which Judge Simon rendered his de-
cision, Mr.. Moore and his family, con-
sisting of wife and mother and
six children, were at one time the ten
ants of the Shalvos. When they
moved from the house the Shalvos
presented them with bill of $29.7O
for alleged damage to the property
and some little sum Of rent which was
claimed to be due.
Mr.. More resisted the claim and
heard nothing more about the matter
until he received word from the Atch-
ison, Topeka & Santa Fe Railway
company that the amount OF the
claim against him had been taken
from his salary to satisfy the gar
nisheement proceedings in Missouri
From the testimony at the trial OF
the case in the city court IL oeVelopeo
that the Shalvos had sold their claim
against Mr.. Moore TO variety of per
sons in the city and that 1T had finally
landed in the hands of ]. J. King, an
attorney. ana IndL ne IldQ ~
over to the law firm of Edwards &
Edwards, of Kansas City, Mo-, for col
lection.
Mr.. Verne d. Edwards happened to
be in the city while the trial of the
case was in progress and was called
as a witness He insisted that his firm
bought these "bad debts for a client
bv the name of G. N. Dart. He testi-
fled that the firm was in the habit of
buving from one to ten thousand Of
these claims during month, but that
they bought them for client, called
G n Dart under an agreement to di-
vide the claim at a fifty per cent ra-
ito between Dart, their client, and the
holders of the claim.
Edwards admitted that he had paid
the fftv per cent portion of the claim
to the Shalyos under the garnishment
proceedings that had been brought
against Mr.. Moore by his firm at In
dependence, Mo-, and before Justice
of the peace named A. G. Millard
Under these proceedings Mr.. Moore's
salary was garnished to the extent of
nearly $40 in Missouri and he brought
suit in the city court here to recover
that sum from the Shalvos. He
hroTeht the suit against the Shalvos
for the recovery of this amount on
the grounds that their claim was
false one in the first place ana tnat
the judgment of the missouri authorl-
ties was not regular.
Judge Simon has decided that the
of Moore is good one ana
his award of damages to him is the
same in amount as that recovered
against Moore in the Missouri courts
nv the Shalvos through their agents,
divers and many, who pressed the
claim.
A dozen other cases are known
where merchants of the city nave
sold their claims for accounts against
creditors TO this firm of Edwards &
Edwards. and in most instances these
claims are against railroad men.
whose pay may be garnished in Mis-
souri,. whether the claims against
them are just or unjust.
xx-O%xAD,c xUADTNG CONTEST.