Kansas Wage Garnishment: What You Need to Know in 2025

Wage garnishment in Kansas takes money directly from your paycheck to pay debt. Most creditors must sue you first and win a judgment. Debts like child support or taxes can be garnished without a lawsuit. Kansas law limits how much creditors can take from your paycheck. You have more protections than you think.

What Is Wage Garnishment?

Wage garnishment deducts money directly from your paycheck to pay a debt.

In most cases, a creditor must sue you and win before garnishing wages. If they win, the court issues a judgment. The judgment allows them to request a wage garnishment order. Once issued, the creditor can start taking part of your paycheck.

⚠️ Some debts don’t require a lawsuit. Child support, back taxes, and certain federal student loans can be garnished without court action. The creditor usually must send you notice first.

📌 Our focus here is consumer debts. Credit cards, personal loans, and medical bills follow different rules.

Who Can Garnish Your Wages in Kansas?

In Kansas, only the original creditor can garnish your wages. Debt buyers and debt collectors don’t have that power.

💡 A debt buyer purchases old debts from creditors. A debt collector is hired to collect existing debts.

Even if a debt buyer or collector sues you and wins, Kansas law blocks them from garnishing your wages. Original creditors retain this exclusive right.

Kansas Wage Garnishment Process

Wage garnishment for consumer debts starts with a lawsuit. The creditor must take you to court and win. If they win, the court issues a judgment against you.

⏳ You have 14 days to pay the debt after judgment. If you don’t pay, the creditor can request wage garnishment. The court issues an Order of Garnishment once approved. The creditor collects directly from your paycheck.

Garnishment continues until the debt is fully paid.

Kansas Order of Garnishment

The creditor files a Request for Garnishment with the court. The court may approve garnishment of earnings or non-earnings. Earnings include wages. Non-earnings include bank accounts or property.

If approved, the court sends an Order of Garnishment to you and your employer. You receive a Notice to Judgment Debtor explaining your rights. Your employer receives instructions and a worksheet showing garnishment amounts.

📄 Your employer has 14 days to complete these forms. They send copies to you, the court, and the creditor.

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

🛡️ State and federal law protect you from being fired due to garnishment. Your employer cannot terminate you for this reason alone.

Kansas Exemptions

Kansas law protects certain income and property from garnishment. These protections are called exemptions. If your income is exempt, it can’t be taken legally.

✅ Common exempt income in Kansas includes:

• Social Security benefits
• Public assistance (TANF, food stamps)
• Workers’ compensation
• Qualified retirement or pension payments

📝 If your income qualifies for exemptions, you can challenge the garnishment. You can also challenge if too much is being taken. The Notice of Garnishment includes instructions for requesting a hearing. You can file an exemption claim with the court.

How Much Can Be Taken From Your Paycheck?

Kansas and federal laws limit wage garnishment amounts. These limits ensure you have income for basic living expenses.

💸 Garnishment is based on disposable earnings. That’s your paycheck after legally required deductions. Taxes, Social Security, and Medicare are deducted first.

For most consumer debts, creditors can take whichever is less:

• 25% of your disposable earnings
• The amount your disposable earnings exceed $217.50 per week

If your disposable earnings are less than $217.50 weekly, wages can’t be garnished for judgment debts. The $217.50 equals 30 times the federal minimum wage of $7.25 per hour.

💰 The total garnishment can’t exceed what’s needed to cover the judgment. Interest, fees, and court costs are included in that amount.

How to Stop Garnishment in Kansas

You have several ways to stop wage garnishment in Kansas. The most common options are paying the debt or filing bankruptcy.

✅ Paying the debt in full stops garnishment immediately. Some people pay lump sum amounts. Others pay gradually through the garnishment itself. Once the full judgment is paid (including interest and fees), garnishment must stop.

🛑 Filing bankruptcy can stop garnishment instantly. The automatic stay takes effect immediately when you file. Speaking with a bankruptcy attorney helps you understand your options. The stay temporarily stops most collection actions, including garnishment.

If you need help responding to a debt lawsuit before garnishment starts, our partner Solo can help you file the right response. Taking action early gives you more options.

If your bankruptcy case succeeds, many types of debt can be discharged entirely. Credit card debt, medical bills, and personal loans often qualify for discharge.

Resources for Wage Garnishment in Kansas

Free or low-cost resources are available if you’re facing wage garnishment. These organizations provide help to Kansas residents:

• Kansas Legal Services: A statewide nonprofit law firm helping low-income Kansans with civil legal issues. 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. Call 800-675-5860 for civil or family law matters.
• Washburn University School of Law Clinic: Provides community legal services through its law school clinic.
• Kansas Judicial Council: Publishes official court forms and instructions. Garnishment and attachment forms are available here.
• U.S. Department of Labor, Wage and Hour Division: Explains federal wage garnishment rules and protections.

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