60-732. Order of garnishment; when garnishment is to attach intangible property other than earnings; effect; administrative fee. - Kansas Statutes

60-732

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

      60-732.   Order of garnishment; when garnishment is toattach intangible property other than earnings; effect; administrativefee.Thissection shall apply ifthe garnishment isto attach intangible property other than earnings of the judgment debtor.

      (a)   The order of garnishment shall be substantially in compliance with theforms set forth by the judicial council.

      (b)   The order of garnishment and the appropriate form for the garnishee'sanswer shall beserved on the garnishee in the same manner as process is to be served pursuantto K.S.A. 60-301 through 60-313, and amendments thereto,except that the garnishee may be served by any means provided underK.S.A. 60-301 through 60-313, and amendments thereto, at the garnishee'sbusiness or officelocation and this shall be considered proper service. Acopy of the answer form shall be served if the garnishment order is notserved electronically.If the order is served prior to a judgment, the order shall also be served onthe judgmentdebtor, if the judgment debtor can be found, except that the order shall not beserved on thejudgment debtor until after service has been made on the garnishee. Failure toserve thejudgment debtor shall not relieve the garnishee from liability under the order.

      (c)   The order of garnishment shall have the effect of attaching:

      (1)   Allintangible property, funds, creditsor other indebtedness belonging to or owing the judgment debtor, other thanearnings, whichis in the possession or under the control of the garnishee, and all suchcredits and indebtednessdue from the garnishee to the judgment debtor at the time of service of theorder; and

      (2)   allsuch personal property coming into the possession or control of the garnisheeand belongingto the judgment debtor, and all such credits and indebtedness becoming due tothe judgmentdebtor between the time the order is served on the garnishee and the time thegarnishee makesthe answer of the garnishee. Where the garnishee is an executor oradministrator of an estatein which the judgment debtor is or may become a legatee or distributee thereof,the order ofgarnishment shall have the effect of attaching and creating a first and priorlien upon anyproperty or funds of such estate to which the judgment debtor is entitled upondistribution ofthe estate, and such garnishee shall be prohibited from paying over to thejudgment debtor anyof such property or funds until so ordered by the court from which the order ofgarnishmentwas issued.

      (d)   The garnishee, without prior agreement, may withhold and retain to defraythe garnishee'scosts, an administrative fee of $10 for each order of garnishment that attachesfunds, creditsor indebtedness. Such administrative fee shall be in addition to the amountrequired to be withheld under the order for garnishment, except that if theamount required to be withheldunder the order for garnishment is greater than the amount of the funds,credits orindebtedness held by the garnishee, the fee shall be deducted from the amountwithheld.

      History:   L. 2002, ch. 198, § 5; July 1.