Wage garnishment and exemptions in Kansas

Kansas uses the federal 25% limit on wage garnishment. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Short answer

Kansas follows the federal limit on wage garnishment. A creditor can take the lesser of 25% of your weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the amount of the claim. One creditor can't start more than one wage garnishment against you in any 30-day period. We could not confirm a general dollar amount protected in a bank account in Kansas; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
25% (federal limit)
Federal benefits in a bank account
Up to 2 months protected
Law
K.S.A. 60-2310(b), (d)

Your paycheck and garnishment in Kansas

Wage limit
Federal limit applies to the amount. A creditor can take the lesser of 25% of your weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the amount of the claim. One creditor can't start more than one wage garnishment against you in any 30-day period. Kansas adds one big protection: if the original creditor sold or assigned your account to someone else or to a collection agency, that buyer or agency can't garnish your wages at all (except for child support, state debt-setoff and court-debt collections) (K.S.A. 60-2310(d)).
Law
K.S.A. 60-2310(b), (d)

Kansas is one of 17 states in our 48 state guides that use the federal limit (15 U.S.C. 1673(a)).

In nearby states

What creditors can't take in Kansas

  • Homestead: your home is protected with no dollar cap, up to 160 acres of farmland or 1 acre in a city (or a mobile or manufactured home you live in).
  • It is not protected from a mortgage or a tax debt on it (K.S.A. 60-2301).
  • Vehicle: up to $20,000 of value in one vehicle you use for transportation or to get to work (K.S.A. 60-2304(c)).

Also in Kansas

  • If your account was sold or assigned to a debt buyer or collection agency, Kansas law says that company can't use wage garnishment against you (K.S.A. 60-2310(d)).

What Kansas protects in a bank account

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). Read the debt lawsuit guide.

The lawsuit comes first in Kansas

If you don't appear or answer by the deadline, the court will enter a default judgment against you for what the creditor asked for (K.S.A. 61-3002(a)).

The time to answer in Kansas: Limited actions (most debt cases in district court): you must appear or file an answer by the date on the summons.

What to do if you are sued in Kansas

Protecting your pay and property in Kansas

  1. Read every notice

    Note any deadline to claim exemptions on papers from the court, your employer or your bank; it can be short.

  2. Apply Kansas's wage rule

    Kansas's wage rule: A creditor can take the lesser of 25% of your weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the amount of the claim.

  3. Check your bank deposits

    Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Claim your exemptions in court

    File the court's exemption claim form before the deadline; the clerk has it. Start with Kansas court self-help (official).

Questions about garnishment in Kansas

What is the wage garnishment limit in Kansas?

Federal limit applies to the amount. A creditor can take the lesser of 25% of your weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the amount of the claim. One creditor can't start more than one wage garnishment against you in any 30-day period. Kansas adds one big protection: if the original creditor sold or assigned your account to someone else or to a collection agency, that buyer or agency can't garnish your wages at all (except for child support, state debt-setoff and court-debt collections) (K.S.A. 60-2310(d)).

Can a creditor take my home or car in Kansas?

Homestead: your home is protected with no dollar cap, up to 160 acres of farmland or 1 acre in a city (or a mobile or manufactured home you live in). It is not protected from a mortgage or a tax debt on it (K.S.A. 60-2301). Vehicle: up to $20,000 of value in one vehicle you use for transportation or to get to work (K.S.A. 60-2304(c)).

Related Kansas pages