What Is Garnishment?
Garnishment is a legal process where a creditor seizes your earnings, savings, or property to satisfy a court-ordered judgment. It’s one of the most stressful outcomes of unresolved debt, and many debtors find themselves scrambling to make ends meet after a garnishment begins.
How Garnishment Works in Kansas
- After a Judgment
- Most garnishments occur after a creditor obtains a judgment against the debtor. This typically happens when a debtor fails to make agreed payments on a debt.
- Pre-Judgment Garnishment
- While Kansas law allows creditors to seek garnishments before a judgment is entered, this is uncommon and generally excludes wages.
- Timelines
- Creditors can request a garnishment order 10 days after the judgment is entered.
- Types of Garnishments
- Wage Garnishment: The creditor sends the garnishment order to your employer, who withholds up to 25% of your after-tax earnings each pay period.
- Bank Account Garnishment: The creditor garnishes your bank or credit union accounts, withholding up to 110% of the judgment balance.
Key Points About Wage Garnishment
- Employers are required to comply with garnishment orders.
- An administrative fee of up to $15 per pay period may be added.
- Wage garnishments continue until the judgment is paid in full or bankruptcy is filed.
Bank Account Garnishment
- The creditor may garnish funds in your bank accounts, including joint accounts, without consideration for joint ownership.
- Banks can also charge a $15 administrative fee per garnished account.
- Funds are held until the creditor receives the garnishment amount, up to 110% of the judgment balance.
Protecting Your Exempt Funds
When a garnishment order is issued, you will receive a notice detailing your rights to claim exemptions. Some exemptions may include:
- Social Security Income
- Unemployment Benefits
- Retirement Account Funds
To claim an exemption, you must:
- File a request for a hearing within 10 days of receiving the notice.
- Serve notice of your exemption claim to the creditor or their attorney.
- Attend the hearing to prove your exemption claim.
What Are Your Options?
Garnishments can devastate your financial situation, leaving you unable to cover essential expenses like rent, utilities, or food. If you’re facing garnishment, here are some ways to regain control:
- Request a Hearing
- Challenge the garnishment by proving an exemption or disputing the creditor’s claim.
- Negotiate with Creditors
- Some creditors may agree to payment plans to avoid garnishment, but this option requires proactive communication.
- Consider Bankruptcy
- Filing for bankruptcy immediately stops garnishments through the automatic stay provision.
- Bankruptcy can also discharge the debt entirely, preventing future garnishment actions.
Kansas Garnishment Laws to Remember
- A creditor may file up to two garnishments per month for bank accounts.
- Employers may only process one garnishment per creditor within a 30-day period.
- Garnishments can only be stopped if:
- The judgment is paid.
- The creditor releases the garnishment.
- You file for bankruptcy.
Don’t Face Garnishments Alone
If you’re struggling under the burden of garnishments or worried about future garnishment actions, you don’t have to navigate this alone. Our Kansas City bankruptcy attorneys are here to:
- Stop garnishments through bankruptcy.
- Guide you to a fresh financial start.
Contact Us Today
Learn how we can protect your income, savings, and peace of mind. Garnishments don’t have to define your financial future.