Kansas STATE LAW

WAGE GARNISHMENT EXEMPTION:

– Federal law applies

MAXIMUM INTEREST RATE:

– Legal: 10%
– Judgment: 12%

STATUTE OF LIMITATIONS ON ENFORCEMENT:

– Open Account (credit card): 3 years
– Written Contract: 5 years
– Domestic Judgment: 5 Years (renewable)
– Foreign Judgment: 5 years (renewable)

BAD CHECK LAW DAMAGES:

– Three times check amount with cap at $500 over check amount plus attorney's fees

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– One party state

BANKRUPTCY PROPERTY EXEMPTIONS:
(Kansas Statutes Annotated)

– Cannot use federal exemptions, but can use federal non–bankruptcy exemptions
– The State of Kansas exempts the property and income below from seizure by the bankruptcy court to pay creditors

Real Estate:

– Real property or mobile home used as residence, unlimited value, up to one acre in town or city or 160 acres on farm [60–2301 and Kansas Constitution 15–9]

Personal Property:

– Household furnishings and equipment, unlimited amount [60–2304(a)]
– Books, documents, furniture, instruments, breeding stock, equipment, seed, livestock and grain used in farm business, up to $7,500 total [60–2304(e)]
– Clothing, amount needed for one year [60–2304(a)]
– Food and fuel, amount needed for one year [60–2304(a)]
– Motor vehicle up to $20,000 (unlimited amount if vehicle equipped for disabled person) [60–2304(c)]
– National Guard uniforms, arms and equipment, unlimited amount [48–245]
– funeral plan prepayments, unlimited amount [16–310(d)]
– Burial plot or crypt, unlimited amount [60–2304(d)]

Insurance / Annuities:

– Life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [40–414(a)]
– Cash value of life insurance if bankruptcy filed at least one year after policy issued, unlimited amount [40–414(b)]
– Fraternal life insurance benefits, unlimited amount [40–414(a)]

Pensions/ Retirement Plans:

– Retirement benefits, unlimited amount [60–2308(b)];
– Firefighters and police officers, unlimited amount [12–5005(e)]
– Public employees, unlimited amount [74–4923]
– Judges, unlimited amount [20–2618]
– Federal government pension payments paid within three months of filing bankruptcy, unlimited amount [60–2308(a)]
– Elected and appointed officials in cities with populations between 120,000 and 200,000, unlimited amount [13–14–102]
– State highway patrol officers, unlimited amount [74–4978g]
– State school employees, unlimited amount [72–5526]

Public Benefits / Entitlements:

– Unemployment compensation, unlimited amount [74–7313(d)]
– Workers' compensation, unlimited amount [44–514]
– Aid to families with dependent children, general assistance and welfare benefits, unlimited amount [39–717]
– Crime victim's compensation, unlimited amount [74–7313(d)]

Wages:

– 75% of earned but unpaid wages [60–2310]

Miscellaneous:

– Liquor licenses, unlimited amount [41–326]
– Business partnership property [56–325]