Can a creditor garnish my wages?
Yes, a creditor in Kansas can garnish your wages in certain situations. This is known as wage garnishment, and it is allowed under the state’s Consumer Debt Defense Law. Generally speaking, the creditor must receive a court order in order to garnish your wages. The court order will indicate the amount of money to be taken from your paycheck each pay period. In Kansas, creditors are legally allowed to garnish your wages if you have not paid an outstanding debt. Once a court order has been issued, the creditor can then contact your employer and notify them that the creditor has the legal right to garnish your wages. Your employer is then legally obligated to follow the court order and take the required amount of money from each paycheck and send it to the creditor. It is important to note that there are certain limits as to how much money can be taken from your paycheck each pay period. Under the Consumer Debt Defense Law in Kansas, a creditor can garnish 25% of your disposable wages each pay period, and no more than 75% of your paycheck can be garnished in total. In addition, creditors are not allowed to take any funds from Social Security or public assistance benefits, unemployment benefits, or child support payments. If you have been served with a court order for wage garnishment in Kansas, it is important to speak with a lawyer as soon as possible. An experienced attorney can help you to understand the legal options available to you and determine the best course of action.
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