60-703. Attachments, how obtained. The order of attachment shall be issued by a judge of the district court upon the filing of a petition stating the claim and the filing of an affidavit, or an affidavit and bond as required in this article, except that no order of attachment shall be issued before judgment on plaintiff's claim where the property of the defendant to be attached is in the possession of a third party and is in the form of earnings due and owing to the defendant. The filing of an affidavit stating one or more grounds of attachment is required in every case. A bond is required in every case except in actions instituted on behalf of the state of Kansas or a county of the state. The order of attachment may be issued and executed on Sunday, a legal holiday, or a day on which the office of the clerk of the court is not accessible if the affidavit states that the party seeking the attachment will lose the benefit thereof unless the writ be issued or served on such day. The provisions of this section shall not be applicable to garnishments authorized pursuant to K.S.A. 2021 Supp. 23-2707, and amendments thereto.
History: L. 1963, ch. 303, 60-703; L. 1970, ch. 238, § 5; L. 1977, ch. 202, § 2; L. 1979, ch. 183, § 1; L. 2010, ch. 11, § 15; L. 2012, ch. 162, § 78; May 31.
Structure Kansas Statutes
Article 7 - Attachment And Garnishment
60-701 Grounds for attachment.
60-702 Attachments on demands not due.
60-703 Attachments, how obtained.
60-704 Form of affidavit, by whom made.
60-707 Attached property retained or repossessed by defendant; bond.
60-709 Compensation of officer.
60-710 Sale of perishable property.
60-711 Appointment of receiver.
60-712 Dissolution of attachment; hearing.
60-713 Settlement of conflicting claims.
60-719 Effect of offsets claimed by garnishee.
60-721 Judgment in garnishment proceedings.
60-722 Bond of defendant for payment of judgment.
60-725 Amendment of garnishee's answer form by clerks of certain courts; when.
60-727 Garnishment proceedings; payments from inmate trust accounts; minimum amount.
60-729 Order of garnishment; fee; authorized only by legislative enactment.
60-730 When garnishment available before judgment.
60-735 Notice to judgment debtor; form and content; right to hearing; burden of proof.
60-736 Answer of garnishee; attachment of intangible property other than earnings.
60-737 Same; garnishment attaching earnings; contents.
60-738 Same; reply; notification and hearing; burden of proof.
60-740 Payment of earnings to judgment debtors and creditors.
60-741 Failure to answer; motion; hearing; expenses and attorney fees.