When the Sheriff Comes Knocking

Life happens—job loss, illness, or simply the rising cost of living—and bills pile up faster than you can manage. Ignoring collection calls and letters might seem like the easiest solution in the moment, but then one day, the Sheriff shows up at your door with an Order for a Hearing in Aid in Execution of Judgment.

This court-ordered hearing is your creditor’s attempt to learn about your assets and income, often to set up a payment plan. While it might feel overwhelming, it’s important to know your rights and how to handle this situation effectively.

1. What Is an Order for a Hearing in Aid in Execution of Judgment?

Purpose of the Hearing

Under Kansas law, creditors use this hearing to:

  • Determine your financial situation.
  • Learn about your assets and income.
  • Work out a payment plan for the debt you owe.

But first and foremost, you must attend the hearing.

2. Why You Must Attend the Hearing

Failing to appear at the scheduled hearing can lead to serious consequences:

  • Contempt of Court:
    • You could be found in contempt if you ignore the order.
    • This may result in additional court appearances, fines, or even a bench warrant for your arrest.
  • Additional Legal Action:
    • The creditor may escalate their collection efforts, including garnishments.

Simply put, not showing up will only make your situation worse.

3. What to Expect at the Hearing

Negotiating a Payment Plan

At the hearing, you’ll meet with the creditor’s attorney to discuss payment arrangements. Keep these tips in mind:

  • Be Honest About Your Finances:
    • Provide accurate details about your income, expenses, and debts.
  • Set a Realistic Payment Plan:
    • Only agree to payments you can afford.
    • Consider proposing a small amount now with plans to increase payments later as other obligations decrease.

4. Know Your Income Status and Rights

Exempt Income

If your income comes from any of the following sources, creditors cannot garnish it:

  • Social Security
  • SSI (Supplemental Security Income)
  • Railroad Retirement
  • VA Benefits (in some cases)
  • Black Lung Benefits
  • State Assistance
  • Unemployment Compensation (some exceptions)
  • Workers’ Compensation

To protect your exempt income:

  • Use a Separate Bank Account:
    • Only deposit exempt funds into this account.
    • Avoid mixing these funds with other income to maintain their protection.

If You Are Employed

  • Creditors can garnish up to 25% of your disposable income (your income after taxes and deductions).
  • If you’re unable to set up a payment plan, garnishment may begin and will continue until the debt is paid in full or resolved through bankruptcy.

5. What Happens If You Can’t Pay?

Frequent Court Appearances

If you are unemployed or unable to make payments, creditors may call you back to court repeatedly. While Kansas statutes don’t specify how often this can happen, many counties have local rules governing the frequency of these hearings.

6. When to Consider Bankruptcy

If you feel trapped by debt and creditor actions, bankruptcy could provide the relief you need. Filing for bankruptcy:

  • Stops creditor actions immediately, including calls, garnishments, and lawsuits.
  • May discharge most or all of your debts, giving you a fresh start.
  • Allows you to rebuild your financial future without constant harassment.

Take Control of Your Financial Future

Don’t let creditor hearings or garnishments dictate your life. If you’ve received an Order for a Hearing in Aid in Execution of Judgment, we’re here to help. Contact our experienced Kansas bankruptcy attorneys today for a free consultation.

We’ll help you explore your options, protect your rights, and find the best solution for your situation. Take the first step toward peace of mind—schedule your consultation now!