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How to Fight a Wage Garnishment in Kansas – Failure to Follow Kansas Law

Navigating Wage Garnishment Laws in Kansas

Facing wage garnishment in Kansas can feel overwhelming. However, understanding your legal rights and the specific procedures required under Kansas law can provide a pathway to challenge these actions. At Mack & Associates, LLC, we aim to guide individuals through the complexities of wage garnishment laws. For that reason, our objective is to protect our clients’ earnings and navigate the legal process effectively.

Key Procedures for Garnishment in Kansas

Compliance with Judicial Forms

Firstly, the garnishment order must adhere to the forms outlined by the Kansas Judicial Council (KSA 60-734(a)).

Proper Service on the Garnishee

Secondly, the garnishee must receive the garnishment order and the form for their answer in the same way legal processes are served (KSA 60-734(b)).

Release Filing Requirement

Additionally, if the garnishee indicates they do not employ the judgment debtor or have terminated them, the requesting party must file a release with the court (KSA 60-734(b)).

Attachment of Nonexempt Earnings

Also, the order will attach the judgment debtor’s nonexempt earnings for all pay periods while in effect (KSA 60-734(c)).

Garnishee’s Wage Computation

Furthermore, the garnishee is responsible for computing the nonexempt portion of wages according to provided directions (KSA 60-734(c)).

Payment of Withheld Earnings

After that, the garnishee must then pay these withheld earnings to the judgment creditor (KSA 60-734(c)).

Administrative Fee and Record Keeping

Additionally, the garnishee may deduct an administrative fee from the debtor’s income (KSA 60-734(d)). Importantly, the requesting party must inform the garnishee of the judgment’s unsatisfied balance and maintain records of the garnishment proceeds (K.S.A. 60-734(e), (f)).

Failure to follow these steps can render the garnishment invalid, offering potential relief for those affected.

Mack & Associates, LLC: Supporting Your Fight Against Garnishment

At Mack & Associates, LLC, we understand the stress and uncertainty wage garnishment can cause. For that reason, we focus on helping individuals in Topeka, KS, and the surrounding areas understand their legal options and rights under Kansas law. So, our team works diligently to ensure that any wage garnishment proceedings against our clients comply with Kansas law.

For those facing wage garnishment, remember, you have rights and options under Kansas law. If you believe your wages are being garnished without adherence to the proper legal procedures outlined in KSA § 60-734, we encourage you to visit our website at www.kansasjustice.com. Our team is ready to assist you in reviewing your case and exploring possible steps to challenge the garnishment effectively.

Protecting your wages and ensuring that all legal procedures are correctly followed is crucial. Let Mack & Associates, LLC guide you through this challenging time with professional advice and compassionate support.