Understanding Wage Garnishment in Kansas
Get Help from an Experienced Topeka Bankruptcy Attorney
Wage garnishment is a devastating blow to anyone's household budget.
How are you going to cover housing, food, and utilities with the money
left over? For many Kansas families, a wage garnishment is the beginning
of slide into financial ruin.
Fortunately, there are options, and a Topeka bankruptcy lawyer from
Garrett Law LLC can help you find the best one for your family.
Call us now or
contact us online for advice on how to get your paycheck back and obtain relief from your
Kansas Wage Garnishment Laws
Under Kansas law, a creditor can obtain a judgment against you in court
for any outstanding debt. Once the creditor has a judgment, you have
14 days to pay the debt in full. If you do not, the creditor has the right to
garnish your wages.
A wage garnishment orders your employer to withhold up to 25% of your earnings.
The employer must pay this money over to your creditor, until you pay
your debt in full.
To make things worse, your employer sets aside 25% of your
gross pay. If you take into account your payroll deductions, you may find yourself
missing one-third to one-half of your take home pay.
You Can Fight to Keep Your Income
Your options for stopping wage garnishment include:
Fight the garnishment in court. The Notice of Garnishment you receive at the beginning of the wage garnishment
states that you can request a hearing to dispute the creditor's garnishment.
This only applies to whether the collection attorney properly ordered
the garnishment, whether too much money was withheld from your check,
or whether some or all of your earnings are exempt from garnishment. With
very limited exceptions, if you are already being garnished, it is probably
too late to dispute that you owe the debt.
Negotiate a payment plan. If the garnishment is more than you can afford, you can contact the collection
attorney to arrange for a lower payment plan. So long as you continue
working, you will be paying your creditor. However, few people can lift
a garnishment through this method.
File a bankruptcy case.
Bankruptcy is the most practical way to stop a wage garnishment. This is thanks to
a rule called the
automatic stay, which requires your creditors to stop all collection attempts. Garnishments,
lawsuits, collection letters and bills, and even phone calls must cease.
Your collection attorney must immediately release the garnishment. Your
employer will receive an order to stop withholding funds, effective the
day you file your
Chapter 7 or
Chapter 13 bankruptcy case.
Contact a Bankruptcy Lawyer to Stop Garnishment
Filing for bankruptcy will cancel the garnishment as soon as you file.
This is the most effective way to remove the garnishment and discharge
the debt that caused it. Every day you delay is another day you lose money
to your creditors. Fortunately, our Topeka bankruptcy attorney can get
you filed within a few business days, with no money down if you qualify.