Wage Garnishment Kansas
Is A Social Security Number Required To Garnish Someone's Wages
Employers require (besides the defendant’s name) another identifier such as a social security number. This is to ensure the correct person is being garnished. Without this information the wage garnishment can still be served, but your chance of receiving any funds may be reduced dramatically.
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What Is Wage Garnishment
Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee’s monetary compensation (including salary), usually as a result of a court order. Wage garnishments may continue until the entire debt is paid or arrangements are made to pay off the debt.[3] Garnishments can be taken for any type of debt but common examples of debt that result in garnishments include:
- Child support
- Defaulted student loans
- Taxes
- Unpaid Court costs
- Court-ordered judgments
When served on an employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee’s net pay to satisfy all of the garnishments. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then local tax garnishments, and, finally, garnishments for the credit card. Employers receive a notice telling them to withhold a certain amount of their employee’s wages for payment and cannot refuse to garnish wages. Employers must correctly calculate the amount to withhold, and must make the deductions until the garnishment expires.
How To Garnish Wages
A wage garnishment requires little effort on your part. Procedures vary by state and locality, but usually you give the sheriff or other local official (called the “levying officer”) information about where the judgment debtor works. The levying officer serves the garnishment order on the employer and the employer is required to withhold the proper amount of money (which is limited, see below) which then goes to you.
Collect Your Court Judgment With a Wage Garnishment
If the debtor has a job, you may be able to grab up to 25% of his or her wages.
If you have won a court judgment against someone with a decent job, you may be able to intercept up to 25% of his or her wages to satisfy your judgment. This process, permitted in nearly every state, is called a wage garnishment.
When You Can Garnish Wages
You can garnish wages relatively quickly and cheaply if:
- the debtor receives a regular wage (he or she isn’t self-employed)
- the debtor’s pay is above the poverty line
- other wage garnishments aren’t already in effect (unless your debt is for child or spousal support), and
- the debtor does not quit the job, contest the garnishment, or file for bankruptcy.
Limits on Wage Garnishments
Under federal law, you cannot garnish more than:
- 25% of the debtor’s disposable earnings (what’s left after mandatory deductions),
- or the amount by which the debtor’s wages exceed 30 times the minimum wage, whichever is lower.
If your judgment is for child or spousal support, you can garnish up to 50% of the debtor’s take-home pay (55% if the debtor is 12 or more weeks in arrears). If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of the wages (65% if the debtor is 12 or more weeks in arrears).
Some states have even lower wage garnishment limits. If a state wage garnishment law results in a smaller garnishment, the state law must be followed.
How To Stop Wage Garnishment
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Wage Garnishment Laws By State
Alabama Wage Garnishment Laws
Alaska Wage Garnishment Laws
Arizona Wage Garnishment Laws
Arkansas Wage Garnishment Laws
California Wage Garnishment Laws
Colorado Wage Garnishment Laws
Connecticut Wage Garnishment Laws
Delaware Wage Garnishment Laws
D.C. Wage Garnishment Laws
Florida Wage Garnishment Laws
Georgia Wage Garnishment Laws
Hawaii Wage Garnishment Laws
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Illinois Wage Garnishment Laws
Indiana Wage Garnishment Laws
Iowa Wage Garnishment Laws
Kansas Wage Garnishment Laws
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Maine Wage Garnishment Laws
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Massachusetts Wage Garnishment Laws
Michigan Wage Garnishment Laws
Minnesota Wage Garnishment Laws
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Montana Wage Garnishment Laws
Nebraska Wage Garnishment Laws
Nevada Wage Garnishment Laws
New Hampshire Wage Garnishment Laws
New Jersey Wage Garnishment Laws
New Mexico Wage Garnishment Laws
New York Wage Garnishment Laws
North Carolina Wage Garnishment Laws
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Ohio Wage Garnishment Laws
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South Carolina Wage Garnishment Laws
South Dakota Wage Garnishment Laws
Tennessee Wage Garnishment Laws
Texas Wage Garnishment Laws
Utah Wage Garnishment Laws
Vermont Wage Garnishment Laws
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Washington Wage Garnishment Laws
West Virginia Wage Garnishment Laws
Wisconsin Wage Garnishment Laws
Wyoming Wage Garnishment Laws
Understanding Wage Garnishment Kansas
Whether it’s “good debt” or “bad debt,” the truth is that any debt can have a significant negative impact on a person’s quality of life. Unfortunately, debt is a part of every person’s life even though it’s somewhat taboo to talk about debt.
Well, if you’re finding yourself constantly in debt and unable to pay off your debts, you’re at risk of wage garnishment. Creditors can garnish your wages as soon as you acquire a stable source of income to get yourself out of a pit of debt. Since it can be crippling even further, here is all you need to know about dealing with wage garnishment in Kansas:
What is Wage Garnishment Kansas?
It is a method of collecting money owed to someone else by an employee. It happens when a court orders your employer to withdraw a portion of your paycheck and transfer it directly to a creditor you owe.
As such, when your wages are garnished, your employer usually deducts money from your paycheck automatically. It, therefore, works like social security and taxes where money is deducted from your paycheck before you get it.
Types of Debt Where Wage Garnishment Laws By State Is Applicable
• Student Loan Debts
Federal student loans are among the most difficult debts to repay, yet they are normally immune to bankruptcy. That said, the US Department of Education can garnish up to 15% of your wages if you default on a student loan.
• Unpaid Child Support
The law limits child support garnishment to 60% of your net pay under federal law. If you’re supporting another spouse or child, the garnishment maximum is reduced to 50%. Delayed child support payments can increase the amount you owe. For example, 5% more can be deducted for being delinquent for 12 weeks or more.
• Payday Lenders and Credit Card Debt:
Medical expenses and other types of expenses from individual lenders could lead to garnishment. For this, creditors must first initiate a lawsuit against you and obtain a judgment declaring that the creditor has prevailed in the case and is entitled to a specific amount of money. From here, they can then proceed with wage garnishment to re-scoop their money, plus interest.
• Tax Levies & Tax Debt:
For all the other debts, creditors must first obtain a money judgment from a court before they may access your wages. Unfortunately, that is not the case for unpaid taxes owed. The federal government has the authority to “levy” an amount based on your standard deduction and the total of your deductions for your (the taxpayer’s) standard deduction. In Kansas, up to 25% of your earnings can be deducted to pay state taxes. Local government departments can also seek city and county taxes.
How to Avoid Wage Garnishment Kansas
You may face wage garnishment if you fall behind or cease paying on debts such as credit card balances, personal loans, or medical costs. Luckily, the number of people or companies that can levy against your income is limited by federal and Kansas rules. That said, garnishment is limited to 25% of your discretionary income (net pay) under federal law.
Nonetheless, wage garnishment can place you further behind your debts especially when a large percentage of your income is going to one creditor, making your life hell, in simple words. As such, here are several ways to fight wage garnishment in Kansas with the help of a legal advisor:
• Seek an exemption claim if the level of garnishment leaves your family with insufficient funds to live on.
• Filing for bankruptcy
• Debt negotiation and collaboration with creditors
• Filing a motion to vacate a default judgment
Contact Us For Legal Assistance with Wage Garnishment
Debt can be psychologically, emotionally, and financially crippling. It can bury you in a hole that takes your life away. Even worse is when you’re hit with wage garnishment.
Need help with any of the above? Contact us! In virtually every circumstance, having a legal expert directing you toward your goals will improve your outcome. As such, pick up the phone and let us wash your worries away!