61-3514. Failure of garnishee to answer. - Kansas Statutes

61-3514

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

      61-3514.   Failure of garnishee to answer.Ifthe garnishee fails to answer withinthe time andmanner specified in the order of garnishment, the judgment creditor may file amotion andshall send a copy of the motion to the garnishee and the judgment debtor in themannerallowed underK.S.A. 61-2907, and amendments thereto. At the hearingonthe motion, thecourt may grantjudgment against the garnishee for the amount of the judgment creditor'sjudgment or claimagainst the judgment debtor or for such other amount as the court deemsreasonable andproper, and for the expenses and attorney fees of the judgment creditor. Ifthe claim of theplaintiff has not been reduced to judgment, the liability of the garnisheeshall be limited to thejudgment ultimately rendered against the judgment debtor.

      History:   L. 2000, ch. 161, § 59; Jan. 1, 2001.