Wage Garnishments in Kansas City Missouri Bankruptcy


When a creditor receives a judgment against you from a court of law, that creditor can execute on that judgment by garnishing your wages.  A wage garnishment is basically a legal method of collecting on a debt.  The court orders your payroll department to take out a certain portion of your wages each pay period, and your payroll department sends that amount straight to the creditor that received the judgment against you.


In the state of Missouri, a creditor may garnish up to 25% of your net earnings (or 10%, if you qualify for head-of-household status with the Missouri Department of Revenue).  This arrangement will continue until the debt is paid in full (which will end up taking quite a long time, because the rate of interest that is typically applied to creditor judgments is usually enormous).  It is true that the creditor must periodically “reapply” to have the garnishment continued (normally every six months), but creditors will almost certainly re-up the execution very soon after the current garnishment ends.

But it should be pointed out that many creditors will threaten you with a wage garnishment in Kansas City Missouri, even when they do not have a court order allowing them to do so.  So if you get a phone call from a credit card representative, and that representative tells you that non-payment will result in a wage garnishment, they are not being very honest with you.

This is because the formal process by which a creditor can take advantage of a garnishment is lengthy and costly.  The creditor must first sue you in court (i.e. breach of contract);  it must serve you with a formal summons (that tells you when and where to be);  a hearing must be held;  the judge must rule in the creditor’s favor;  if the judge gives the creditor a favorable ruling, the creditor must then draft a Writ of Execution of Garnishment with the same court;  the creditor must then figure out where you work;  it must then send the Writ to your employer;  and finally, your employer must then process the garnishment so that it may take effect.  The process just described can cover several months.  So if a creditor threatens you with something like this, take notice of the fact that a garnishment cannot actually happen unless or until all the proper steps are first taken.  

But the filing of a Kansas City MO bankruptcy will put an end to the garnishment (and take care of the underlying debts as well)!!  As soon as your bankruptcy petition is filed by our office, we will immediately contact the attorney representing the judgment creditor.  The attorney will then send a ‘Release of Garnishment’ to your payroll department.  So give us a call as soon as possible!  The longer you wait, the more your wages will garnished.

At Brinkman & Alter, LLC, we want to make sure that you receive the very best bankruptcy services in all of the Kansas City Missouri area.  Our team will get you back on your feet, help to dramatically improve your financial standing, and put you in the best position possible for the future.  The attorney fees for a standard Kansas City MO Chapter 7 are $950.  But the initial consultation is free of charge!!

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