A Wage Garnishment Lawyer in Wichita
In Need of Legal Assistance Against Wage Garnishment?
In Kansas the rules regarding how much of a wage may be garnished follow the United States guidelines as given in Title 15 of the US Code, Chapter 41. These restrictions do not apply to certain types of debt or payments, most notably child support or taxes.
The maximum amount that may be taken for other debt from a paycheck garnishment is:
- Twenty-five percent of that week's disposable earnings, or
- The amount by which the disposable income exceeded thirty times the Federal minimum wage at the time the earnings were payable
Understanding a Wage Garnishment
Garnishment is the result of a court order that allows the creditor to attach your wages, to the extent allowed above. This is one way that a creditor or collection agency can use to collect payments on delinquent or defaulted loan. This is often used as a threat to intimidate in order to collect on a debt. While it is a very real possibility and should not be ignored it requires that the creditor actually take the step of suing you.
A creditor will normally hire a law firm and they will issue you a summons and in most circumstances this will give you a window of roughly 20 days to respond to the creditor's complaint. After that the matter can go to the courts and a garnishment can take place in as little as 2 months from the initial serving of the complaint.
Fair Debt and Collection Practices Act
There are very exact and strict rules under the Fair Debt and Collection Practices Act that must be followed. Violations of your rights, which can include the use of improper or empty threats by creditors and collection attorneys, can occur and should be fought. The use of a knowledgeable Kansas bankruptcy attorney from the Kansas Bankruptcy Center can be essential for your protection.
The best time to fight these cases and to secure your best possible outcome is as early as possible. Without doubt it is much easier to resolve a wage garnishment issue before it has actually gone to court and an order has been obtained. Even when actual garnishments have begun hope is not lost as there are effective actions that can be taken.
To find out how you can fight against this breed of debt collection contact a Kansas bankruptcy lawyer experienced in defending his clients rights against unfair collection practices.