60-739. Garnishee's payment to court; refund of overpayment; release of funds. - Kansas Statutes

60-739

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

      60-739.   Garnishee's payment to court; refund ofoverpayment; release of funds.(a) The court shall direct the garnishee to pay to the court such amountthat the garnishee is holding, as indicated by the answer, or such lesseramount as warranted, if:

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

      (2)   ten days have passed since receipt of the answer of the garnishee by thecourt; and

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

      (b)   The court shall promptly refund to the judgment debtor any overpayment ofthe claim. The garnishee may release the funds, credits or indebtedness thathave been attached pursuant to the order of garnishment if no order to pay thecourt has been received within 60 days following the receipt of the answer ofthe garnishee by the court.

      History:   L. 2002, ch. 198, § 12;L. 2003, ch. 131, § 1; July 1.