How to Garnish Wages in Kansas After a Small Claims Judgment

Before You File: The 14-Day Wait

You cannot start wage garnishment the day you win your case. Under K.S.A. 61-2709, the judgment debtor has 14 days to appeal. Enforcement is automatically stayed during this window — no bond required from the debtor. If the last day falls on a weekend or legal holiday, the deadline extends to the next business day under K.S.A. 60-206. Do not begin collection while the stay remains in effect.

Once the appeal window closes without a filing, you're clear to proceed.

Filing the Request

Kansas wage garnishment runs through Kansas Judicial Council forms under Chapter 61. Here's the sequence:

1. File a Request for Garnishment (Earnings) with the district court clerk
2. Pay the $12.50 Judicial Branch Surcharge and the $15 sheriff service fee
3. The clerk issues an Order of Garnishment (Earnings) directed to the debtor's employer

You need to know the debtor's employer name and address. If you don't have that information, you'll need to run a hearing in aid of execution first to compel the debtor to disclose it under oath.

What the Employer Must Do

Once served, the employer withholds the non-exempt portion of the debtor's pay. Within 14 days after service, the employer sends an Answer of Garnishee (Earnings) to the judgment creditor and debtor. It details the debtor's gross pay, mandatory deductions, and calculated disposable earnings.

Immediately after the order is served on the employer, the party seeking garnishment must send the debtor a notice explaining the right to claim exemptions and request a hearing. The employer's answer is sent to both the judgment creditor and debtor.

How Much Can Be Garnished

Kansas follows the federal Consumer Credit Protection Act (15 U.S.C. 1671) and K.S.A. 60-2310. The maximum withholding per pay period is the lesser of:

• 25% of disposable earnings, OR
• The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25 × 30 = $217.50 per week)

Disposable earnings means gross pay minus legally required deductions: federal and state income tax, FICA, Medicare, and mandatory state retirement. Voluntary deductions like 401(k) contributions, health insurance, and union dues stay in the calculation — they don't reduce what's garnishable.

Weekly disposable earnings and maximum withholding:

• $0–$217.50: Nothing can be garnished (100% exempt)
• $217.51–$290.00: Only the amount above $217.50
• $290.01+: Full 25% of disposable earnings

For bi-weekly pay, the floor is $435. Semi-monthly: $471.25. Monthly: $942.50.

The Debtor's Right to Object

To request a hearing on an exemption claim or objection to the earnings calculation, the debtor must file the hearing request no later than 14 days after the notice is served. If the last day falls on a weekend or legal holiday, the deadline extends to the next business day under K.S.A. 60-206. A requested hearing must be held 7–14 days after the request is filed. Common grounds include claiming the income is from an exempt source (Social Security, VA benefits, unemployment) or that the calculation is wrong.

If the debtor files a hearing request, the court holds the hearing 7–14 days after filing. If no hearing is requested, withholding continues under the order.

Continuous Garnishment Until Paid

Unlike bank garnishments that capture a one-time snapshot, Kansas wage garnishment is continuous. The employer keeps withholding and remitting funds to the court clerk every pay period until the judgment plus post-judgment interest and court costs are fully satisfied, the debtor leaves the job, or the court releases the garnishment.

If the debtor changes employers, you'll need to file a new garnishment order directed at the new employer. If multiple creditors serve garnishments, the first order served must be satisfied before later garnishments receive funds — Kansas enforces that priority.

Employers are prohibited from firing an employee solely because their wages are being garnished for a single judgment.

What This Costs You

The $12.50 surcharge and $15 service fee may be added to collectible court costs when you file receipts with the clerk. Keep your receipts and submit them so the costs can be included in the total.

Our Kansas Judgment Collection Guide walks through the full wage garnishment process with a filing tracker worksheet that logs each garnishment round, employer responses, and running payment totals.

See more Kansas guides →