is there any way to stop a garnishment? my wife has one from a local hospital !! we cant aford this garnishment.. we are getting help from our local resourse center with grocerys , and then the local hospital garnished her wages for a hospital bill...we dont know what to do ? help ?
2006-07-09 16:28:51 · 4 answers · asked by jay200025 1 in Politics & Government ➔ Law & Ethics
Kansas law on garnishments can be found at K.S.A. 60-701 et seq. A garnishment occurs after a judgment has been taken against you on a lawsuit. In the situation you described, the hospital probably either asked its law firm on retainer, (if they have one) or they hired a collections law firm to collect the debt.
For whateve reasons, had a judgment entered against you. (Either you did not respond to the lawsuit, or you responded but did not do so correctly and thus lost. The judgment will remain in place until it is either satisfied through the garnishment, through your bank account, or until it is eliminated in a bankruptcy.
Only a Kansas attorney can properly give you guidance on these types of situations. However, also remember: a garnishment for a debt such as this can not be for more than 25% of the disposable wages. This means wages after taxes and other mandatory deductions are withheld. There are also limits on income regarding garnishments. Generally, if you make more than the minimum wage, that portion of your income above the minimum wage can be garnished.
2006-07-09 16:58:27 · answer #1 · answered by Phil R 5 · 1⤊ 2⤋
Hey I am from kansas, kansas laws suck. I have been in a similiar situation. Go to srs and apply for medical coverage. They will cover back medical bills, so they might cover this bill. Also try going to the hospital and working out a payment plan with them directly. But it may be too late. Hopefully not, they can only take a percentage of her pay check because you have to survive so they can not take all of the money.Good luck!
2006-07-09 23:33:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, a garnishment can take all of your expendable income. Expendable income is everything that is left after taxes.
Perhaps, you can contact a lawyer that works pro bono or does some kind of work for low income folks. Try contacting the welfare office... sometimes they can help with medical bills. Or even try contacting the hospital/collector and see if you can work out some kind of payment arrangement.
2006-07-09 23:33:20 · answer #3 · answered by sunflower1237 3 · 0⤊ 0⤋
talk to your local Kansas legal services and try to speak to an attorny through them. My uncle went through this, and was left with $85 a week to live off of.
2006-07-09 23:33:35 · answer #4 · answered by lightningviper 4 · 0⤊ 0⤋