Garnishment Law Summaries
Kansas, Garnishment Law Summaries
Kansas' garnishment law is found in the Kansas Statutes Annotated, Ch. 12, Art. 7 and 23; Ch. 60, Art. 50.
DEFINITIONS
“Wage garnishment” means any legal or equitable procedure through which the earnings of an individual are required to be withheld for the payment of any debt (Sec. 60-2310, as amended by S. 140, L. 1997). A wage garnishment against an employee's earnings will attach the nonexempt portion of his earnings for any pay period or periods that end during the 30-day period beginning on the date the garnishment order is served (Sec. 60-716). Continuing garnishments are only allowed for child support (Sec. 60-721).
“Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise (Sec. 60-2310, as amended by S. 140, L. 1997).
“Disposable earnings” means that part of the earnings of any individual remaining after the deduction from such earnings of any amounts required by law to be withheld (Sec. 60-2310, as amended by S. 140, L. 1997).
COVERAGE
All Kansas garnishment laws apply to all state, county, city, township, and school district officers and employees, and to all officers and employees of all municipal or quasi-municipal corporations, to the same extent as they apply to officers and employees of private corporations (Sec. 60-723).
PROCEDURES
Amounts exempt from or subject to garnishment.- The maximum part of disposable earnings that may be garnished may not exceed the lesser of 25% of disposable earnings for the week or the amount by which disposable earnings for the week exceed 30 times the federal minimum hourly wage. The limits for child support are higher (see ¶17-5500) (Sec. 60-2310, as amended by S. 140, L. 1997).
Bankruptcy.- The above restrictions on the amount of disposable earnings subject to garnishment do not apply to orders of any court of bankruptcy (Sec. 60-2310, as amended by S. 140, L. 1997).
Collection agencies.- If any person, firm, or corporation sells or assigns an account to any person or collection agency, that person, firm, or corporation is not entitled to wage garnishments, except for support cases (Sec. 60-2310, as amended by S. 140, L. 1997).
Delinquent taxes.- The above restrictions on the amount of disposable earnings subject to garnishment do not apply to any debt for state or federal taxes (Sec. 60-2310, as amended by S. 140, L. 1997).
Illness.- If an employee provides an affidavit that he or she is prevented from working at his or her regular trade, profession or calling for more than two weeks because of his or her own illness or that of a family member, a garnishment may not be invoked until the expiration of two months after recovery from such illness (Sec. 60-2310, as amended by S. 140, L. 1997).
Pensions and retirement pay.- Money or assets from or any interest in a federally qualified retirement plan is exempt from any and all claims of creditors, except for child support (Sec. 60-713 and 60-2402). Pensions and other benefits accruing to a Kansas police officer or firefighter or received by special members of the Kansas police and firemen's retirement system, or any other public employees, are not subject to execution, garnishment, attachment, or any other process or claim, except for claims of an alternate payee under a qualified domestic relations order (Sec. 12-5005).
WHAT THE EMPLOYER MUST DO
An employer served with a garnishment order must withhold as instructed in the order. An order of garnishment will be sent to the employer, requiring him to file an answer, under oath, whether he was indebted to the employee by reason of earnings. An order attaching earnings will include the employee's address and social security number (Sec. 60-717, as amended by S. 306, L. 1999). A verified answer must be filed within 40 days after the service of a garnishment attaching earnings. If the debtor is not or is no longer employed by the employer, the answer need not be verified (Sec. 60-718, as amended by S. 306, L. 1999).
Employer fees allowed.- From the earnings due the employee, the employer may withhold an administrative fee of $10 for each pay period, not to exceed $20 per month. If the addition of the fee causes the total amount withheld to exceed the garnishment limits, then the fee will be deducted from the amount withheld (Sec. 60-717, as amended by S. 306, L. 1999).
Priorities in cases of multiple garnishment.- No one creditor may issue more than one garnishment against the earnings of the same debtor in any 30-day period (Sec. 60-2310, as amended by S. 140, L. 1997, effective July 1, 1997). When two or more general executions are levied against the same employee, the priority depends on the order received. If several orders are received by the same court, the court will make the determination of priority (Sec. 60-713).
Discrimination prohibited.- No employer may discharge any employee because his earnings have been subjected to garnishment (Sec. 60-2311).
ENFORCEMENT
Failure to answer an order of garnishment may entitle the creditor to a judgment against the employer for the full amount of the claim plus costs (Sec. 60-717, as amended by S. 306, L. 1999).
WHO TO CONTACT
Employers with questions about a garnishment order should contact the issuer of the order.
PENALTIES
Failure to answer an order of garnishment may entitle the creditor to a judgment against the employer for the full amount of the claim plus costs (Sec. 60-717, as amended by S. 306, L. 1999).
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