Legal Question in Credit and Debt Law in Kansas

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Can I be arrested or my wages garnished for a credit card debt in Kansas? They refiled it in 2002, so it is good until 2007. They are threatening me with the sheriff. I am also concerned about garnishment.


Asked on 6/05/06, 10:31 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: creditdebt

I am not licensed to practice law in New Hampshire, and therefore cannot advise you as to New Hampshire law. In Kansas, if a valid Judgment is entered in Chapter 61, (where most credit card cases occur)it may be transcribed to chapter 60, and thereby become an automatic lien on any real property the Judgment debtor owns in the State of Kansas.

If the Judgment debtor does not own any property in Kansas, and is domiciled in another state, the Judgement creditor would have to register the Judgment where the Debtor or his assets are. Again, I do not know New Hampshire law. In many States, a Certified, Acts of Congress transcription of a Judgment in one state can be registered in another, and then become a lien on real property in the second state. This would also allow them to garnish wages earned in or paid from that state, and perhaps bring the debtor into Court to testify under oath as to what assets they have.

I am unaware of any state that still uses debtor's prisons, or allows imprisonment of any debtor, except for child support. I doubt that New Hampshire puts credit card debtors in jail.

You mentioned being threatened with a sheriff. It is likely that the sheriff will attach yoru property or serve an Order of garnishment on your employer. The threat may be a violation of the Fair Debt Collection Practices Act, if it is not coming directly from the credit card company. This is especially so if they ARE threatening to have you arested. You might want to have an attorney in your area look into the threats.

Good Luck

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Answered on 6/05/06, 5:54 pm


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