If you’ve not been paying on a debt (e.g., a credit card or medical bill) the creditor might eventually bring a lawsuit against you. If the creditor brings a lawsuit against you and is granted a judgment on that debt it can use the judgment to start collection actions through a garnishment order (sometimes referred to as “writ of garnishment” or “writ of attachment” or “attachment order”).
The most common collection action against debtors is garnishment of wages and/or bank accounts. That is, the creditor is using a legal process to seize some of your earnings and/or money from your bank accounts.
Missouri (See Missouri Statute § 525-030) and Kansas (See Kansas Statutes § 60-703 and § 60-734 ) both allow creditors to garnish wages, bank accounts and to seize other assets. However, a creditor cannot take all your wages. There are limits on the amount of earnings (wages, salary, commission, bonuses, etc.) which can be garnished.
A personal bankruptcy is often the only way to stop a garnishment. You should talk over your options with an experienced bankruptcy attorney.
By Errin Stowell, W M Law Attorney
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