Kansas Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Kansas's Statutes Of Limitations. Kansas phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Kansas Fair Debt Collection Consumer Practices Guide summarizes Kansas's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Kansas Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Kansas’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Kansas Debt Exemption Law!
Kansas Statutes
The State of Kansas has state opted out of federal bankruptcy exemptions
except as to § 522(d)(IO) (benefits, alimony, support, maintenance,
certain pensions and similar payments). Kansas Statutes Annotated § 60-2312.
Wages: Kansas Statutes Annotated §§ 60-2310 and -2311.
Homestead: Kansas Statutes Annotated §§ 60-2301 and -2302.
Tangible personal property: Kansas Statutes Annotated § 60-2304.
Benefits, retirement plans, insurance, judgments, and other tangibles:
Kansas Statutes Annotated §§ 60-2304, -2308, and -2313. .1l
Kansas Debt Statutes of Limitation
Your debt may have expired under Kansas’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Kansas Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Kansas Debt Statutes of Limitation
Written agreement, contract or promise: 5 years.
Expressed or implied but not written contracts, obligations or liabilities: 3 years.
Relief on the grounds of fraud: 2 years.
Kansas Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Kansas’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Kansas law.
Kansas Wage Garnishment Procedural Requirements
As an aid to the enforcement of a judgment, an order of garnishment may be obtained and shall be issued by the clerk of the court from which execution is issuable, either in connection with an execution or independently thereof as designated by the written direction of the party entitled to enforce the judgment. Such written direction shall designate whether the order of garnishment is to be issued for the purpose of attaching earnings or for the purpose of attaching other property of the judgment debtor. Kan. Statute. Ann. _ 60716.
The order of garnishment shall be served on the garnishee, together with two copies of the form for the garnishee's answer prescribed by _ 60718 and returned by the officer making service in the same manner as an order of attachment. An order of garnishment issued to attach any property, funds, credits or other indebtedness belonging to or owing the defendant, other than for earnings, shall attach (1) all such property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebtedness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee. Kan. Statute. Ann. _ 60717.
The written direction of a party seeking an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall Statutee the amount to be withheld, which shall be 1 1/2 time the amount of judgment. All orders of garnishment issued in this Statutee for the purpose of attaching funds, credits or indebtedness held by a financial institution shall specify the amount of funds, credits or indebtedness to be withheld by the garnishee, which shall be 1 1/2 time the amount of the judgment as Statuteed in the written direction of the party seeking the order.
The forms provided by law shall contain the Statuteements included in paragraphs (c) and (d). If the garnishee hold funds or credits or is indebted to the defendant in two or more accounts, the garnishee may withhold payment of the amount attached from any one or more of such accounts. No party shall seek an order of garnishment attaching fund, credits, or indebtedness held by a financial institution except on good faith belief of the party seeking the garnishment that the party to be served with the garnishment order has, or will have assets of the judgment debtor.
Except as ordered by a judge, not more than two garnishments shall be issued by a party seeking an order of garnishment applicable to the same claim or claims and against the same judgment debtor in any 30-day period. Kan. Statute. Ann. _ 60726. Note: Rules vary slightly for "limited actions" (actions where the amount in controversy or otherwise claimed as damages, excluding costs and interest, does not exceed $5,000.). See Chapter 61 (Kan. Statute. Ann. _ 61101, et seq.).
Kansas (Debt Collector) Call Recording Law
Under Kansas State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Kansas is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Kansas.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
