Legal Question in Credit and Debt Law in Kansas
Credit card unsecured debt
If I owe an unsecured debt can they legally garnish my wages
1 Answer from Attorneys
Re: Credit card unsecured debt
To garnish your wages, a creditor would first have to obtain a judgment against you. If you have not been sued, your wages will not be garnished. If they obtain a judgment under chapter 61, they may garnish your wages and bank accounts, but are still unsecured. If they have that judgment transcribed to chapter 60, they have a lien on your real property in the state. In such a case, you would have to pay them if you sell your house. This does not stem directly from the law, but rather the custom of title insurance companies. If the creditor is not paid, whomever purchases the property does so with the lien still on it. The creditor would have superior lien to all but those whose lein was established prior to the transcripted judgment. Therefore a title company would make an exception to any policy they issued, that would require a release of that lein. The creditor would want the judgment paid before releasing the lein.
If no judgemnt, then there will be no garnishment. If there is a judgment, then there could be a garnsihemtn and maybe more.
Good Luck