My wife's paycheck was garnished in Oct 06 and, until that, we were unaware of her even being sued. She never got summoned and so they got default judgment. I planned on just getting a motion to vacate for the lack of service but recently found out that, apparently, the JDB, in KS, cannot bring action on junk debt.
Statutes read:
Quote:
Statutes
60-2310. Wage garnishment; definitions; restrictions, exceptions; sickness preventing work; assignment of account; prohibition on courts.
d) Assignment of account. If any person, firm or corporation sells or assigns an account to any person or collecting agency, that person, firm or corporation or their assignees shall not have or be entitled to the benefits of wage garnishment.
Statutes
Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6.--CONSUMER PROTECTION
50-636. Civil penalties. (a) The commission of any act or practice declared to be a violation of this act shall render the violator liable to the aggrieved consumer, or the state or a county as provided in subsection (c), for the payment of a civil penalty, recoverable in an individual action, including an action brought by the attorney general or county attorney or district attorney, in a sum set by the court of not more than $10,000 for each violation. An aggrieved consumer is not a required party in actions brought by the attorney general or a county or district attorney pursuant to this section.
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Now, what I was wondering, is if anyone knows where I can find case law specific to Kansas courts w/regard to this type of case? Any arrows in the right direction would be much appreciated. Thanks.
