Wage Garnishment in Kansas
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A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Kansas regulates wage garnishments.
Written by Upsolve Team.
Updated September 23, 2025
What Is Wage Garnishment?
Wage garnishment is when a portion of your paycheck is taken and sent directly to a creditor to repay a debt. In Kansas, this usually happens only after a creditor sues you in district court, wins the case, and gets a wage garnishment order. This order gives them legal permission to take part of your wages.
Some debts, like unpaid taxes, child support, and federal student loans, can lead to garnishment without a court judgment. These creditors must still follow Kansas laws and usually have to notify you first.
Both state and federal laws limit how much money can be taken from each paycheck, so you’ll still have income left to cover basic living expenses. In Kansas, wage garnishment is considered a strong form of debt collection, but it isn’t allowed in every situation.
Who Can Garnish My Wages in Kansas?
In Kansas, only original creditors with a court order can garnish your wages in Kansas. Debt buyers and debt collectors can’t garnish your wages. This is a special distinction made in Kansas state law.
To get a wage garnishment court order, the creditor must sue you and win judgment against you. The original creditor is the lender that gave you the loan or credit.
An original creditor can sell your debt to a debt buyer. When this happens, the debt buyer can sue you for nonpayment of that debt. But even with a judgment from a district court in Kansas, debt buyers aren’t able to garnish your wages.
Special Rules for Some Creditors
Some creditors don’t have to sue you or get a court judgment before garnishing your wages. This applies mostly to certain federal and state debts.
For example, if you owe federal taxes or federal student loans, those agencies can garnish your wages under their own laws without going through the Kansas court system. In Kansas, child support can also be taken from your paycheck through an Income Withholding Order (IWO), which isn’t considered a wage garnishment under state law.
These types of creditors follow special rules that don’t apply to regular consumer debts. This article focuses on wage garnishments that do require a lawsuit and court judgment, like those for credit cards or personal loans.
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Kansas Wage Garnishment Process
The wage garnishment process in Kansas usually doesn’t begin until after you’ve been sued for not paying back a consumer debt you owe, like a credit card, medical bill, or personal loan.
You will be notified if a creditor files a debt collection lawsuit against you and given a chance to defend against the lawsuit. If your creditor wins in court, they’ll get a judgment against you. If you ignore the lawsuit, your creditor can get a default judgment against you.
If you lose the case, you'll have 14 days to pay the debt in full. If you don’t, the creditor can take serious collection action against you, including wage garnishment.
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What Is a Kansas Order of Garnishment?
The Kansas wage garnishment process begins when your judgment creditor files a request for garnishment. This is a formal document asking the district court to issue an order of garnishment.
Garnishment in Kansas can be for earnings or non-earnings. This means that your creditor can try to collect from your employment wages or from property you own, which can include taking money directly from your bank account. This is called a bank levy.
Once the court orders a garnishment against your earnings, you and your employer will be notified. You’ll receive a copy of the order of garnishment. You'll also get a notice to judgment debtor that explains your rights and how to challenge the wage garnishment.
Your employer is known as the garnishee. The garnishee will be sent the garnishment order along with Kansas Judicial Council Forms Instructions to Garnishee, Answer of Garnishee, and Request for Written Explanation & Affidavit.
The answer affirms your employment and calculates the amount that will be withheld from your paycheck each pay period. The employer-garnishee has 14 days to complete their answer and must provide a copy to you, the court, and your creditor. Both state and federal laws protect you from being fired for having a wage garnishment.
Kansas Exemptions
Some property and money are protected and can’t be taken or garnished because of Kansas exemptions. Exempt income in Kansas includes Social Security benefits, public assistance benefits, workers’ compensation benefits, qualified retirement or pension payments, and other types of income.
You can dispute the wage garnishment if you have exempt income or if too much income is going to be garnished each pay period. The notice of garnishment you receive includes instructions on how to request a hearing and claim an exemption.
Once wage garnishment begins, your creditor can garnish your wages until the debt is paid off or you take some measure to stop the garnishment, such as filing for bankruptcy.
How Much of My Paycheck Can Be Taken by Wage Garnishment?
Federal and Kansas laws limit how much of your paycheck can be taken through wage garnishment. Not all of your disposable income can be garnished.
Disposable income is what’s left after required deductions like income tax, Social Security, and Medicare come out of your paycheck.
In Kansas, a creditor can take either 25% of your disposable earnings or the amount over $217.50 per week (which is 30 times the federal minimum wage), whichever is less.
If your weekly disposable income is less than $217.50, your wages can’t be garnished by a judgment creditor.
These limits help make sure you still have enough income for basic living expenses.
Keep in mind that child support and alimony follow different rules—creditors collecting these types of debts can garnish between 50% and 65% of your disposable earnings, depending on your situation. The total garnishment amount also can’t be more than what’s owed, including any interest, fees, or court costs.
How To Stop a Garnishment in Kansas
You can stop wage garnishment in Kansas by claiming an exemption, paying back the debt in full, or filing for bankruptcy protection. You may be able to pay the amount owed off in a lump sum or over time through wage garnishment. Your creditor has to stop garnishing your wages once the judgment amount plus interest is paid off.
Filing for bankruptcy is a powerful way to stop wage garnishment and other collections actions to get wipe out the underlying debt.
When you file, an automatic stay goes into effect, which stops all collection activity against you including wage garnishment. After a successful bankruptcy, many of your debts will be erased and you won’t have to pay them back.
Upsolve offers a free tool that can help you file for Chapter 7 bankruptcy on your own if you qualify.
Are There Any Resources for People Facing Wage Garnishment in Kansas?
Kansas Legal Services is a statewide nonprofit law firm and community education organization that helps low-income people in Kansas with debt collection issues. They have 11 legal offices around the state. You can complete an application for help online.
The Access to Justice Advice Line at 800-675-5860 is open to income-eligible Kansas residents who need help with civil or domestic legal matters. Free, low-cost, and sliding scale legal aid services help people access the court system and their civil legal rights.
The following official Kansas resources and nonprofit organizations offer helpful information on wage garnishment in Kansas:
