Wage garnishment can be stressful. Instead of receiving your full paycheck, a portion of your wages is withheld by your employer and sent to a creditor to pay a debt.
The good news is that creditors cannot simply take whatever they want from your paycheck. Federal and state laws limit wage garnishments, and depending on your situation, there may be ways to reduce or stop one.
Important: This article provides general legal information, not legal advice. Garnishment rules depend on the type of debt and your individual circumstances.
How Much Can Be Garnished?
For most ordinary consumer debts, federal law generally limits wage garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage.
However, Missouri and Kansas have additional rules that can affect how much can actually be withheld.
Missouri Wage Garnishment Laws
Missouri law provides an important protection for certain residents. If you are a Missouri resident and head of a family, Missouri law generally limits an ordinary wage garnishment to 10%, subject to the statute's other requirements and calculations. This can make a significant difference compared with the standard federal 25% limit. However, the 10% protection does not apply to every type of debt. Child support, certain taxes, bankruptcy orders, and other obligations may be governed by different rules.
If you believe too much is being withheld from your paycheck, it may be worth having the garnishment reviewed to determine whether the correct Missouri exemption or limitation has been applied.
Kansas Wage Garnishment Laws
Kansas generally limits ordinary wage garnishments to the lesser of:
- 25% of disposable earnings
- The amount by which disposable earnings exceed 30 times the federal minimum wage
- The amount specified in the garnishment order
Kansas also generally limits one creditor to one garnishment against the same judgment debtor's earnings during a 30-day period.
Certain debts, including child support, alimony, and some government debts, can be subject to different limits.
How to Stop a Wage Garnishment
There isn't one solution that works for everyone, but several options may be available.
1. Challenge the Garnishment
If the garnishment amount is incorrect or the creditor did not follow the proper procedure, you may be able to challenge it.
Kansas law, for example, provides a process for objecting to the calculation of exempt and nonexempt earnings and requesting a hearing. There can be a 14-day deadline after service of the garnishment notice, making it important to act quickly.
2. Claim an Exemption
Depending on your circumstances, some income or property may be protected from collection.
Missouri and Kansas both have exemptions that can affect what creditors are allowed to take.
3. Negotiate With the Creditor
In some cases, you may be able to negotiate a payment plan or settlement in exchange for releasing the garnishment.
If an agreement is reached, make sure you receive confirmation in writing that the garnishment will be released.
4. Consider Bankruptcy
Bankruptcy may be another option for people struggling with significant debt.
Filing bankruptcy generally triggers an automatic stay, which stops most collection actions, including many wage garnishments. However, certain debts—such as some taxes and domestic-support obligations—can be treated differently.
What to Do If Your Paycheck Is Already Being Garnished
If you are already losing money from each paycheck, don't ignore it.
Start by getting a copy of the garnishment paperwork and identifying:
- The creditor
- The court case number
- The amount of the judgment
- The amount being withheld
- The type of debt
- Any deadlines for filing an objection
Then determine whether the amount being withheld is legal and whether you qualify for an exemption or other protection.
The Bottom Line
A wage garnishment doesn't necessarily mean you're out of options.
Missouri and Kansas both provide protections that limit how much creditors can take from your paycheck. Missouri may provide an especially significant protection for qualifying heads of family, while Kansas generally applies a 25% limit to ordinary garnishments.
Our Kansas City bankruptcy lawyers and law firm want you to succeed after filing for bankruptcy and we'll do everything in our power to make that happen. Give us a call at 816-842-6200 to speak with an attorney about your financial situation, or contact us online to schedule your free consultation.
