61-3510. Same; earnings. - Kansas Statutes

61-3510

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 35.--ATTACHMENT AND GARNISHMENT

      61-3510.   Same; earnings.Thissection shall apply if thegarnishment is to attachearnings of the judgment debtor.

      (a)   Within 15 days following the end of each month, the garnishee shallcomplete the answerin accordance with the instructions accompanying the answer form for all payperiods endingduring the month and send the completed answer to each judgment creditor andjudgmentdebtor at the addresses listed on the answer form. The garnishee shalldesignate on the answerin the space provided on the answer form the name and case number for eachjudgmentcreditor who has a garnishment order in effect for the same debtor at the endof each monthand the amount that is due each judgment creditor under the garnishment inaccordance withthe instructions accompanying the answer form. Only one answer needs to becompleted foreach judgment debtor by the garnishee and the garnishee may duplicate thecompletedanswer in any manner the garnishee desires for distribution to each judgmentcreditor andjudgment debtor. The answer shall be supported by unsworn declaration in themanner setforth on the answer form.

      (b)   If there are other liens against the judgment debtor'searnings which bylaw have priorityover garnishments, the garnishee shall so indicate on the answer. In suchevent, thegarnishment shall remain in effect but no earnings of the debtor shall bewithheld under thegarnishment order unless and until all of the other liens having priority arereleased orsatisfied or the earnings being withheld under all of such liens are less thanthe amount whichis exempt under K.S.A. 60-2310, and amendments thereto.

      History:   L. 2000, ch. 161, § 55;L. 2002, ch. 157, § 11; July 1.