60-707. Attached property retained or repossessed by defendant; bond. - Kansas Statutes

60-707

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

      60-707.   Attached property retained or repossessed by defendant; bond.Bond, conditions, discharge of attachment. When property of the defendantfound in the defendant's possession or in the possession of any other personshall be attached,the defendant, or such other person, may retain or regain the possessionthereof at any time before final judgment or sale of such property underthe order of the court, by giving a bond with one or more sufficientsureties in an amount which is: (1) Equal to the amount of the plaintiff'sclaim and probable court costs as shown in the order of attachment or (2)equal to the amount of the appraisal of the property as determined pursuantto subsection (b) of K.S.A. 60-706, or (3) in such lesser amountas may be ordered by the court. The person giving the bond shall have theoption of giving bond in an amount prescribed by clause (1) or (2) of thissection. The conditions of the bond shall be that the property, or the valuethereof, as the case maybe, shall be available to apply on any judgment rendered in the actionat such time as the court shall order. The sufficiency of the said bondshall be determined by the officer levying the attachment.

      Upon the filing of the bond the attachment in such action shall be dischargedand restitution made of any property taken under it.

      History:   L. 1963, ch. 303, 60-707; L. 1977, ch. 202, § 5; April 18.