The Kansas attorney general enforces the debt-collection laws established by the state's Fair Debt Collection Practice Act (FDCPA). If a debt collector breaks any laws in Kansas, a debtor has up to one year after the violation occurred to file a complaint with the attorney general's office. Complaints may also be made to the Federal Trade Commission (FTC).
Stopping Contact
A Kansas debtor has the right to ask, in writing, that the debt collector stop contacting her. Once the collector receives the written request, the collector must cease contact with the debtor. Kansas does, however, permit the collector to inform a debtor the collecting agency will no longer contact her or to inform her that a specific action--such as a lawsuit--is being taken.
Debtors should send the written request through certified mail to have proof that the debt collector has received the request. Even though the collection agency is not permitted to contact her, the debtor is still liable for what she owes.
Collecting Methods
Kansas debt collectors may contact a debtor regarding his debt by telegram, fax, mail or telephone between 8 a.m. and 9 p.m., according to the Kansas Consumer Protection Division. Collectors may not call a debtor collect or send a telegram or letter at the debtor’s expense. A collector may contact a debtor at his place of employment unless the debtor informs the collector his employer does not approve.
Recovery Laws
Kansas has debt-recovery laws governing bad checks, interest rates, garnishments and judgments. Collectors in Kansas are limited to charging no more than 12-percent interest on judgments regarding a debt. Anyone who writes a bad check to a company, business or organization must pay civil penalties to cover the costs and fees associated with the bad check. Kansas law allows a debtor to be charged a recovery fee up to three times the amount of the original check, which may not exceed $500, but has a minimum recovery fee charge of $100. The debtor must also pay attorney fees a company accrues from trying to recover the funds. Kansas courts may legally request a debtor's employer garnish her wages until her debts have been paid. Garnishment exemptions in Kansas are the same as those provided by federal law, which exempts 75 percent of a debtor’s disposable earnings per week or an amount that is 30 times more than the regular federal minimum wage--whichever is greater of the two.
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