Wage Garnishment in Kansas

What Is Wage Garnishment?

Wage garnishment is when money is deducted directly from your paycheck to pay a debt. 

In most cases, a creditor has to sue you and win the case before they can garnish your wages. If they win, the court gives them a judgment, which allows them to request a wage garnishment order. Once the court issues that order, the creditor can start taking part of your paycheck to collect on the debt.

⚠️ Some debts — like child support, back taxes, or certain federal student loans — don’t require a lawsuit. These types of debts can be garnished without a court judgment, but the creditor usually has to send you a notice first.

📌 This article focuses on wage garnishment for consumer debts, like credit cards, personal loans, and medical bills.

Who Can Garnish My Wages in Kansas?

In Kansas, only the original creditor (the lender or company you first owed money to) can garnish your wages. Other companies, like debt buyers and debt collectors, don’t have that power. 

💡 A debt buyer is a company that buys old debts from creditors. A debt collector is usually hired just to collect a debt. 

Even if a debt buyer or collector sues you and wins, Kansas law doesn’t allow them to garnish your wages.

Kansas Wage Garnishment Process

Wage garnishment for consumer debts usually starts with a lawsuit. A creditor must first take you to court and win the case. If they win, the court will issue a judgment against you.

⏳ Once the judgment is entered, you have 14 days to pay the debt in full. If you don’t, the creditor can ask the court for permission to garnish your wages. If the court approves, it will issue an Order of Garnishment that allows the creditor to collect the debt directly from your paycheck.

Garnishment usually continues until the debt is fully paid.

Kansas Order of Garnishment

To start the wage garnishment process, the creditor files a Request for Garnishment with the court. The court may approve garnishment of your earnings (like wages) or non-earnings (like bank accounts or property).

If the request is approved, the court sends an Order of Garnishment to both you and your employer. You’ll also receive a Notice to Judgment Debtor, which explains what’s happening and outlines your basic rights.

📄 Your employer (called the garnishee) will also get instructions and a worksheet that explains how much of your paycheck can be taken. They have 14 days to fill out these forms and send copies to you, the court, and the creditor.

👉 You can find Kansas garnishment forms and instructions on the Kansas Judicial Council website.

🛡️ Both state and federal law protect you from being fired just because your wages are being garnished.

Kansas Exemptions

Kansas law protects certain types of income and property from being garnished. This is called an exemption. If your income is exempt, it can’t legally be taken to pay a debt through wage garnishment.

✅ Common types of exempt income in Kansas include:

• Social Security benefits

• Public assistance (like TANF or food stamps)

• Workers’ compensation

• Qualified retirement or pension payments

📝 If you think your income qualifies for one of these exemptions — or if you believe too much is being taken from your paycheck — you can challenge the garnishment. 

The Notice of Garnishment you receive should include instructions on how to request a hearing and file an exemption claim with the court.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Kansas and federal laws limit how much of your paycheck can be garnished. These limits are designed to make sure you still have enough income to cover basic living expenses.

💸 Garnishment is based on your disposable earnings. That’s the part of your paycheck that’s left after legally required deductions, like taxes, Social Security, and Medicare.

For most consumer debts, a creditor can take whichever is less:

• 25% of your disposable earnings

• The amount your disposable earnings are over $217.50 (which equals 30 times the federal minimum wage of $7.25/hour)

If your disposable earnings for the week are less than $217.50, your wages can’t be garnished for a judgment debt.

💰 The total amount taken also can’t be more than what’s needed to cover the judgment, interest, fees, and court costs.

How To Stop a Garnishment in Kansas

There are a few ways to stop a wage garnishment in Kansas. The most common options are paying off the debt or filing for bankruptcy.

✅ Paying the debt in full will stop the garnishment. Some people pay it off in a lump sum, while others pay it gradually through the garnishment itself. Once the full judgment amount (including interest and fees) is paid, your creditor has to stop taking money from your paycheck.

🛑 People facing other debts and garnishment may choose to file bankruptcy to stop the garnishment. As soon as you file, something called the automatic stay goes into effect. This temporarily stops most collection actions, including garnishment. 

If your case is successful, many types of debt can be erased entirely.

💡 If you're thinking about filing for Chapter 7 bankruptcy, Upsolve offers a free online tool to help eligible individuals file without hiring a lawyer. It only takes a few minutes to see if you qualify.

Are There Any Resources for People Facing Wage Garnishment in Kansas?

Yes. If you're dealing with wage garnishment or other debt issues in Kansas, these free or low-cost resources may be able to help:

• Kansas Legal Services: A statewide nonprofit law firm that helps low-income Kansans with civil legal issues, including debt collection. They have 11 offices across the state. You can apply for help online.

• Access to Justice Advice Line: Offers legal help by phone for income-eligible Kansas residents dealing with civil or family law matters. Call 800-675-5860.

• Washburn University School of Law Clinic: Offers community legal services through its law school clinic.

• Kansas Judicial Council: Publishes official court forms and instructions, including garnishment and attachment forms.

• U.S. Department of Labor, Wage and Hour Division: Explains federal wage garnishment rules and protections.

🏛️ Kansas Garnishment Laws can be found in K.S.A. Chapter 60, Article 7.