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Can A Creditor Sue?

Even though creditors may get judgments, they may not be able to collect. If the debtor doesn't own a home, are unemployed, don't have money in the bank, and other possessions aren't worth much, they may be "judgment­proof" .The debtor can't be put in jail for not being able to pay their debts. Even after getting a court judgment, the creditor can only collect by going after wages and bank accounts (garnishment) or by taking property (execution). In either case, creditors can't take everything. There are laws setting limits on the amount of the property and wages that creditors can take. Generally, a creditor who has gotten a court judgment against the debtor can take some property if the debtor owns a home with more than $6,500.00 equity (current market value minus amount owed) or have belongings worth more than $1,500.00. For rent, up to $2,500.00 worth of certain belongings (such as a car) may also be exempt. A judgment creditor can't garnish wages if they make less than 30 times the minimum hourly wage per week.

Other Kansas Collections-Creditors Rights FAQs

  • Q: What Is A Voluntary Wage Assignment?
    A: A voluntary wage assignment is a written contract in which a debtor agrees that a certain amount will be deducted from their paycheck to pay the creditor. Because it … More
  • Q: What Is A Judgment?
    A: We all have seen trials on television. When the trial is over the lawsuit is over because that is the end of the show. Wrong! That is only intermission. After the … More
  • Q: Once A Judgment Is Obtained, How Can It Be Collected?
    A: Depending on the debtor's resources and applicable law, the following options are available: wage garnishment, non­exempt asset seizure and/or execution against … More
  • Q: How Do I Garnish Wages?
    A: An order of garnishment may be obtained from the clerk of the court. The order is served upon the employer (called a garnishee) of the debtor, who then has a period of … More

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