Kansas Laws on Wage Garnishments, Statute of Limitations on Debt, and Bankruptcy Property Exemptions
MAXIMUM INTEREST RATE: Legal: 10% Judgment: 12%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit card): 3 years
Written Contract: 5 years
Domestic Judgment: 5 Years (renewable)
Foreign Judgment: 5 years (renewable)
BAD CHECK LAW DAMAGES: Three times check amount with cap at $500 over check amount plus attorney's fees
KANSAS BANKRUPTCY PROPERTY EXEMPTIONS (Kansas Statutes Annotated):
The State of Kansas exempts the property and income below from seizure by the bankruptcy court to pay creditors:
Real Estate: Real property or mobile home used as residence, unlimited value, up to one acre in town or city or 160 acres on farm [60-2301 and Kansas Constitution 15-9]
Personal Property: Household furnishings and equipment, unlimited amount [60-2304(a)]; books, documents, furniture, instruments, breeding stock, equipment, seed, livestock and grain used in farm business, up to $7,500 total [60-2304(e)]; clothing, amount needed for one year [60-2304(a)]; food and fuel, amount needed for one year [60-2304(a)]; motor vehicle up to $20,000 (unlimited amount if vehicle equipped for disabled person) [60-2304(c)]; National Guard uniforms, arms and equipment, unlimited amount [48-245]; funeral plan prepayments, unlimited amount [16-310(d)]; burial plot or crypt, unlimited amount [60-2304(d)];
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [40-414(a)]; cash value of life insurance if bankruptcy filed at least one year after policy issued, unlimited amount [40-414(b)]; fraternal life insurance benefits, unlimited amount [40-414(a)]
Pensions/ Retirement Plans: Retirement benefits, unlimited amount [60-2308(b)]; firefighters and police officers, unlimited amount [12-5005(e)]; public employees, unlimited amount [74-4923]; judges, unlimited amount [20-2618]; federal government pension payments paid within three months of filing bankruptcy, unlimited amount [60-2308(a)]; elected and appointed officials in cities with populations between 120,000 and 200,000, unlimited amount [13-14-102]; state highway patrol officers, unlimited amount [74-4978g]; state school employees, unlimited amount [72-5526]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [74-7313(d)]; workers' compensation, unlimited amount [44-514]; aid to families with dependent children, general assistance and welfare benefits, unlimited amount [39-717]; crime victim's compensation, unlimited amount [74-7313(d)] Wages: 75% of earned but unpaid wages [60-2310]
Miscellaneous: Liquor licenses, unlimited amount [41-326]; business partnership property [56-325]