A Wage Garnishment Lawyer in Kansas
In Need of Legal Assistance Against Wage Garnishment?
In Kansas the rules regarding how much of a wage may be garnished follow
the United States guidelines as given in Title 15 of the US Code, Chapter
41. These restrictions do not apply to certain types of debt or payments,
most notably child support or taxes. The maximum amount that may be taken
for other debt from a paycheck garnishment is:
- Twenty-five percent of that week's disposable earnings, or
- The amount by which the disposable income exceeded thirty times the Federal
minimum wage at the time the earnings were payable
Understanding a Wage Garnishment
Garnishment is the result of a court order that allows the creditor to
attach your wages, to the extent allowed above. This is one way that a
creditor or collection agency can use to collect payments on delinquent
or defaulted loan. This is often used as a threat to intimidate in order
to collect on a debt. While it is a very real possibility and should not
be ignored it requires that the creditor actually take the step of suing you.
A creditor will normally hire a law firm and they will issue you a summons
and in most circumstances this will give you a window of roughly 20 days
to respond to the creditor's complaint. After that the matter can
go to the courts and a garnishment can take place in as little as 2 months
from the initial serving of the complaint.
Faird Debt and Collection Practices Act
There are very exact and strict rules under the Fair Debt and Collection
Practices Act that must be followed. Violations of your rights, which
can include the use of improper or empty threats by creditors and collection
attorneys, can occur and should be fought. The use of a knowledgeable
Kansas bankruptcy attorney with a specialty in debt collection and wage garnishment is essential
for your protection.
The best time to fight these cases and to secure your best possible outcome
is as early as possible. Without doubt it is much easier to resolve a
wage garnishment issue before it has actually gone to court and an order
has been obtained. Even when actual garnishments have begun hope is not
lost as there are effective actions that can be taken.
To find out how you can fight against this breed of debt collection
contact a Kansas bankruptcy lawyer
experienced in defending his clients rights against unfair collection practices.