I have gotten 2 conflicting answers. One from an attorney via this service and another from the WDAF, TV, ask a lawyer. I have my doubts whether the "ask a lawyer" attorney on WDAF knew what she was talking about as she said, "it wasn't her type of law". She advised me, more or less that, 'the court/plaintiffs attorney would not be taking more out of my check than they are allowed to'.
Again, may I ask,"on my garnishment, for assault, is minimum wage, times 30, per week, exempt from garnishment"? I reside and work in Kansas and it's a Missouri judgment. Can I personally file something with the court if they are taking too much? Thanks for your help.
You need to provide additional information. Are you employed in Kansas or Missouri? If you are employed in Kansas, the court's instructions to the garnishee (employer) are available to you on the internet at http://www.kansasjudicialcouncil.org/forms/chapter61_garnishment_att.shtml. It is the form: Instructions to Garnishee (earnings) PDF | WP | RTF (11/14). You will note that $217.51 per week is exempt. Kansas statutes may be looked up at http://www.kslegislature.org/li_2014/b2013_14/statute/. Look specifically at K.S.A. 60-2310.
You have a right to a hearing. At the www.kansasjudicialcouncil.org/forms/chapter61_garnishment_att.shtml website, look at the form: Notice to Judgment Debtor (earnings) PDF | WP | WORD (rev. 10/13). A partial explanation of your rights and duties are on that form.
Note that if the account has been assigned to a collection agency, the debt may not be collected by wage garnishment.
You really need to speak to a Kansas attorney. Generally speaking if there is a Missouri judgment against you, the judgment holder would need to transfer it to Kansas to garnish your wages. If that hasn't happened, then they likely cannot garnish your wages earned in Kansas. Laws on garnishment vary from state to state, so I'll defer to an Kansas and/or Missouri attorney to weigh in on garnishment amounts. Best of luck.
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