60-705. Plaintiff's bond. - Kansas Statutes

60-705

Chapter 60.--PROCEDURE, CIVIL Article 7.--ATTACHMENT AND GARNISHMENT

      60-705.   Plaintiff's bond.(a) Form and contents. When a bond is required, the bond shall beexecuted by the plaintiff and one or more sufficient sureties in a sumdouble the amount of the plaintiff's claim, or such lesser amount as shallbe approved by an order of the judge, to the effect that the plaintiffshall pay to the defendant all damages which the defendant may sustain byreason ofthe attachment if wrongfully obtained, or from a wrongful levy thereof ifsuch levy was directed by the plaintiff or plaintiff's attorney. The bond shallbeexamined by the judge as to its sufficiency and, if approved bythe judge,such approval shall be noted thereon.

      (b)   Insufficiency. If at any time it shall be made to appear to thejudge that the bond given by the plaintiff is insufficient in amount, orthat any surety therein has died, or has removed from the state, or hasbecome or is likely to become insolvent, the judge on reasonable notice tothe plaintiff may order another bond and such further security to be givenas shall seem necessary. If the plaintiff shall fail to comply with suchorder, within the time prescribed by the judge, the attachment shall bedissolved at the plaintiff's cost.

      History:   L. 1963, ch. 303, 60-705;L. 1993, ch. 108, § 1; July 1.