Kansas Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Kansas, like under federal law, the maximum amount of your disposable earnings for any workweek, which may be garnished is the lesser of either: up to 25% of your disposable earnings or. the amount of your disposable earnings that's more than 30 times the federal minimum wage.

File a Bankruptcy Case in Kansas Bankruptcy is the most practical way to stop wage garnishment. This is thanks to a rule called the automatic stay, which requires your creditors to stop all collection attempts.

Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less. Individuals with a child support order can garnish up to 65% of disposable earnings for child support.

File a Bankruptcy Case in Kansas Bankruptcy is the most practical way to stop wage garnishment. This is thanks to a rule called the automatic stay, which requires your creditors to stop all collection attempts.

Examples of exemptions which apply to money in a bank account include any support payments such as child support or alimony, social security, disability, retirement benefits, and supplemental security income (SSI) such as unemployment and workers compensation.

Limits on Wage Garnishment in Kansas In Kansas, like under federal law, the maximum amount of your disposable earnings for any workweek, which may be garnished is the lesser of either: up to 25% of your disposable earnings or. the amount of your disposable earnings that's more than 30 times the federal minimum wage.

Federal exemptions The bank must review your account and protect two months' worth of direct-deposited benefits before freezing or garnishing any money in the account. You may also claim this federal exemption for up to two months' worth of federal benefits if you deposit them by check.

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Kansas Motion to Discharge or Quash Writ of Garnishment