Session Law

Identifying Information:L. 2003 ch. 131
Other Identifying Information:2003 House Bill 2297
Tax Type:Other
Brief Description:An Act concerning civil procedure; relating to garnishment; amending K.S.A. 2002 Supp. 60-739 and 61-3512 and repealing the existing sections.
Keywords:


Body:

CHAPTER 131

HOUSE BILL No. 2297


An Act concerning civil procedure; relating to garnishment; amending K.S.A. 2002 Supp.

60-739 and 61-3512 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 60-739 is hereby amended to read as

follows: 60-739. If the garnishment is to attach property other than earn-

ings of the judgment debtor, after 10 days following receipt of the answer

of the garnishee by the court, and no reply to the answer has been filed,

the court shall direct the garnishee to pay to the court such amount that

the garnishee is holding as indicated by the answer, or such lesser amount

if the circumstances warrant. If the garnishee is holding property other

than money, the provisions of K.S.A. 60-701 et seq., and amendments

thereto, relating to attachment shall be applicable. If through garnish-

ment, the claim is overpaid to the court, the court shall promptly refund

to the judgment debtor any such overpayment. (a) The court shall direct

the garnishee to pay to the court such amount that the garnishee is hold-

ing, as indicated by the answer, or such lesser amount as warranted, if:

(1) The garnishment has attached to property other than earnings of

the judgment debtor;

(2) ten days have passed since receipt of the answer of the garnishee

by the court; and

(3) no reply to the answer has been filed.

(b) The court shall promptly refund to the judgment debtor any over-

payment of the claim. The garnishee may release the funds, credits or

indebtedness that have been attached pursuant to the order of garnish-

ment if no order to pay the court has been received within 60 days fol-

lowing the receipt of the answer of the garnishee by the court.

Sec. 2. K.S.A. 2002 Supp. 61-3512 is hereby amended to read as

follows: 61-3512. If the garnishment is to attach property other than earn-

ings of the judgment debtor, after 10 days following receipt of the answer

of the garnishee by the court, and no reply to the answer has been filed,

the court shall direct the garnishee to pay to the court such amount that

the garnishee is holding as indicated by the answer, or such lesser amount

if the circumstances warrant. If the garnishee is holding property other

than money, the provisions of K.S.A. 2002 Supp. 61-3501, and amend-

ments thereto, relating to attachment shall be applicable. If through gar-

nishment, the claim is overpaid to the court, the court shall promptly

refund to the judgment debtor any such overpayment. (a) The court shall

direct the garnishee to pay to the court such amount that the garnishee

is holding, as indicated by the answer, or such lesser amount as war-

ranted, if:

(1) The garnishment has attached to property other than earnings of

the judgment debtor;

(2) ten days have passed since receipt of the answer of the garnishee

by the court; and

(3) no reply to the answer has been filed.

(b) The court shall promptly refund to the judgment debtor any over-

payment of the claim. The garnishee may release the funds, credits or

indebtedness that have been attached pursuant to the order of garnish-

ment if no order to pay the court has been received within 60 days fol-

lowing the receipt of the answer of the garnishee by the court.

Sec. 3. K.S.A. 2002 Supp. 60-739 and 61-3512 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003