60-713. Settlement of conflicting claims. Any person claiming an interest in any property attached shall be permitted to intervene in accordance with K.S.A. 60-224 (a), and in the discretion of the judge any creditor of a party if the creditor's claim is liquidated in amount may be permitted, to intervene in the attachment proceedings, or may be joined as a party thereto in accordance with K.S.A. 60-219 (b), and the court shall adjudicate their respective rights in accordance with the following rules:
(a) Process. Process shall be served on parties joined under this section in the same manner and with the same effect as is provided in article 3 of this chapter.
(b) Multiple attachments. An officer having several orders of attachment subject to being levied on the same property shall levy the same in the order in which they were received by said officer. If there are several attachments issued out of different courts, all questions arising under this section shall be determined by the court out of which there was issued the first attachment served. The clerk of the court which determines such questions shall promptly certify the proceedings to any other court in which proceedings are affected thereby.
(c) Representation of passive parties. If any party to the proceedings, whether an original party or one who has been subsequently joined, fails to assert a right or a defense available, and such failure is prejudicial to the rights of some other party, the latter may assert the same for the protection of such party's own interest.
(d) Fraudulent conveyances. The grantee of any interest in attached property, which interest was received fraudulently, may be joined for the purpose of barring such interest, setting aside such conveyance, or obtaining such other relief as justice may require.
History: L. 1963, ch. 303, 60-713; L. 1976, ch. 251, ยง 19, Jan. 10, 1977.
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.