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

Under Kansas law, there are specific procedures that must be followed in order for a wage garnishment to be valid. K.S.A. § 60-734 sets out these procedures, which include the following:

– The order of garnishment must be in compliance with the forms set forth by the judicial council. (K.S.A. 60-734(a))

– The order of garnishment and the appropriate form for the garnishee’s answer must be served on the garnishee in the same manner as process is served. (K.S.A. 60-734(b))

– If the garnishee notifies the party requesting the garnishment that the judgment debtor is not employed by them or has been terminated, the party must file a release with the court. (K.S.A. 60-734(b))

– The order of garnishment will attach the nonexempt portion of the judgment debtor’s earnings for all pay periods while the order is in effect. (K.S.A. 60-734(c))

– The garnishee must compute the nonexempt portion of the judgment debtor’s wages according to the directions provided. (K.S.A. 60-734(c))

– The garnishee must pay the withheld earnings to the judgment creditor. (K.S.A. 60-734(c))

– The garnishee may withhold an administrative fee from the judgment debtor’s income. (K.S.A. 60-734(d))

– The party requesting the garnishment must provide the garnishee with the unsatisfied balance of the judgment and maintain an accounting and record of the garnishment proceeds. (K.S.A. 60-734(e), (f))

If any of these procedures are not followed, the garnishment might be invalid.