EMPLOYERS SHOULD NOTE: THIS IS FOR INFORMATIONAL PURPOSES ONLY. IF YOU NEED LEGAL ADVICE CONTACT YOUR OWN ATTORNEY.

IMPORTANT: If you have any garnishment issued by a Missouri Court you will need to contact Pendleton and Sutton for information. This information covers only garnishments issued by Kansas Courts.

FAQs for Employers on Garnishments

FAQs FOR GARNISHEES (EMPLOYERS) FOR KANSAS COURT WAGE GARNISHMENTS:
Start by reading the form (Answer of Garnishee Form PDF) and instructions (Wage Garnishment Instruction Form PDF) completely. Then, if you have questions, refer to the following frequently asked questions.

For your reference:

  • the Judgment Creditor is the party the money is owed to (who is represented by our law office);
  • the Judgment Debtor is the employee (the person who owes the money);
  • and the Garnishee is the employer.

How soon should I start the garnishment?
The garnishment order takes effect immediately and starts as of the date you receive it. This is a continuous order and you must comply with the court’s order until you receive a release from our office. NOTE: This release is merely a copy of the actual release filed with the court. It will not have a signature on it.
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What if the Judgment Debtor is a 1099 or subcontract employee?
If the party you received the order for is a sub-contract or 1099 employee, you have the wrong answer form and instructions and you should contact our office to advise us that the individual is a sub-contractor and not an employee.
NOTE: There may be employers who pay a wage and a commission on top of that wage. If that is the case then they are still an employee and you must add any commission or bonuses in when answering the garnishment.

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What is the balance on the garnishment?
Kansas does not require the balance on the garnishment order. You should comply with the order until you receive a release from our office by US mail. It is our responsibility to keep track of the balance and refund any overpayment to the Judgment Debtor (your employee assuming that there are no other garnishment orders). NOTE: It is important that you provide us with the employee’s current mailing address on the answer so that we can return any overpaid funds to them.
If your payroll system requires a balance you may contact our office for an approximate balance.

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When do I stop answering?
You will stop answers when you receive a release of garnishment from our office or an order of the Court to release from the court. If the Judgment Debtor terminates answer that they have terminated then release the garnishment. NOTE: This is a continuous order and you must comply until you receive this release. WE DO NOT FAX GARNISHMENT RELEASES TO EMPLOYERS; we send them first class mail only. The employee will get a courtesy copy of the release (assuming that we have a valid address) at the same time we send any release to you the employer.

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When do I answer?
You must fax or mail your answer (or via any other reliable method of delivery) only to our office (not to the court) by the 15th of the month following the payroll. For example if you receive the order May 8th, you must calculate withholding for all payroll periods in May from the 8th, then complete an answer at the end of May and our office must receive that answer by June 15th (at the latest). You may send it sooner but we must have it by the 15th of the month following. NOTE: If for example you pay weekly, you may copy the answer form as much as you need and use it as a weekly worksheet, then compile your answer for the entire month and send them together with your answer.

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What do I do with the money I’ve held?
You are required to send the funds 10 days after you have sent your answer to us and delivered a copy of that answer to the Judgment Debtor (employee). For example if you send the answer on June 1st for the month of May, then send the funds by June 10th unless you receive an order of the court to release. NOTE: Although we receive your answer form the funds don’t post to the Judgment Debtor’s account until they are received here in our office.

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What if we use a contracted payroll service like ADP?
You are still required to file answers with our office. If your contracted payroll service will not complete the answers, you must do this and then your payroll system will forward the funds. Refer to your contract with that third party (the payroll service) if you have questions regarding this, but ultimately your company is responsible for complying with the court order.

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What if the employee has terminated or was never employed?
You will answer question (1) on the answer form and deliver it to our office by a reliable method of delivery. After we receive the notice we will send a release of garnishment.

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What do I do about 401(k), health insurance premiums or other voluntary deductions?
In question (8) of the answer form you may only deduct the specific withholding amounts shown. Once you calculate the TOTAL DEDUCTIONS for (8), then you go to (9) and that is the amount you use on the chart provided to determine the withholding. You DO NOT take any other deductions out when determining the withholding amount from the chart. After you determine the amount to be paid to the employee (12), then you would deduct any other voluntary withholding from that amount.

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What if the Judgment Debtor (employee) has an Income Withholding Order in effect for child support?
These orders take priority over our garnishment order and you will need to list the amount of withholding for that court order on (10) of the answer form. However, if the amount for the child support order does not exceed 25%, then you will pay our office the difference. For example if the support order is for $141.00 monthly and 25% is $175.00 monthly, you would send the difference of $175.00 less $141.00 or $34.00 to us.

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What if the Judgment Debtor (employee) has a Federal or some other type of IRS tax lien?
These orders also take priority over our garnishment order and you will show that amount of withholding for that court order on (11) of the answer form.

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Do I have to take an administrative fee?
That is up to you. This amount is allowed to defray your costs for the time spent complying with this court order.

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What if there are multiple garnishments?
As long as they are not Income Withholding orders, Federal or other liens, the other garnishments you may receive will be part of your amount noted in question on answer (14). For example, if you determine that you are withholding 25% of (9) from the chart and you have two garnishments, you will split the dollar figure (i.e. the 25%) in half paying one half to Pendleton & Sutton (15-A) and one half to the other attorney for the second garnishment and note this in 15-B. If there are three garnishments, you will divide the amount of withholding by thirds, etc. If you need additional space for more than three orders, you may use a separate piece of paper or make your own form. If you have two (or more) court orders and the employee falls in the 25% withholding amount, then you do not pay 25% on each garnishment; the maximum is 25% of disposable earnings as computed in questions (9) and that is split between parties/attorneys. It is not per garnishment order.
NOTE: We need to know if there are any other court ordered garnishments as if we have an overpayment, we are required to send any overage to the other attorney to pay toward that judgment.
IT IS IMPORTANT that whoever signs the answer form signs and dates it at the bottom “under penalty of perjury”. It is convenient if they print their name next to “Garnishee” below the line where they sign (as well as contact information like a phone number) so that if our office has any questions, we know who to contact.

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If you have questions that do not find here you may wish to send an email with your specific question to: info@pendletonandsutton.com

 

 

FAQs FOR GARNISHEES FOR KANSAS COURT NON-WAGE GARNISHMENTS:
These garnishment orders are to Attach Money or Other Intangible Property Other Than Earnings. In other words if your company owes money to the Judgment Debtor as part of payment of a contract (1099 subcontract labor) or as part of doing business with the Judgment Debtor.

Start by reading the form (Answer of Garnishee Form PDF) and instructions (Wage Garnishment Instruction Form PDF) completely. Then, if you have questions, refer to the following frequently asked questions.

For your reference:

  • the Judgment Creditor is the party the money is owed to (who is represented by our law office);
  • the Judgment Debtor is the employee (the person who owes the money);
  • and the Garnishee is the employer.

Determine if you fall under (1) of the instructions or (2). Most garnishee’s fall under (1).
If you are not a bank, leave (4) blank and go to (5).

Do you owe the Judgment Debtor money or are indebted to the Judgment Debtor?
Complete (5) and show the amount you owe the Judgment Debtor at the time received the order and 10 (ten) days forward from receipt of the order. For example if you are served the order on May 8, you determine what is owed to the Judgment Debtor as of May 8th and wait until May 18th, then complete your answer for any funds owed for that entire period.

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When do I answer?
You must answer by 10 (ten) days from the date you received the court order and may answer by facsimile, mail or any other reliable means. NOTE: This type of garnishment order requires that you also file an answer with the Clerk of the Court as noted on the bottom of the Answer of Garnishee form. We provide you with the Court mailing address, but you may contact the court if you wish to fax an answer to them as well as to us. These answers become part of the court’s record.

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When do I send the funds to the Judgment Creditor (attorney’s office)?
You will receive an “Order to Pay” funds signed by a Judge in the matter either directly from the court or from our office. Once you receive that Order, you will forward the funds as directed on the Order to Pay. Note that we have no control over how long this order may take for signature by the judge. If you are holding funds and do not have an order to pay within 45 days from the date of your answer, please contact our office.
IT IS IMPORTANT that whoever signs the answer form signs and dates it at the bottom “under penalty of perjury”. It is convenient if they print their name next to “Garnishee” below the line where they sign (as well as contact information like a phone number) so that if our office has any questions, we know who to contact.

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If you have questions that do not find here you may wish to send an email with your specific question to: info@pendletonandsutton.com