Kansas Statutes
Article 7 - Attachment And Garnishment
60-729 Order of garnishment; fee; authorized only by legislative enactment.

60-729. Order of garnishment; fee; authorized only by legislative enactment. (a) Garnishment is a procedure whereby the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.
(b) Any party requesting an order of garnishment shall pay a fee in the amount of $7.50 to the clerk of the district court.
(c) A poverty affidavit may be filed in lieu of a fee as established in K.S.A. 60-2001, and amendments thereto.
(d) The fee shall be the only costs assessed in each case for services of the clerk of the district court and the sheriff. The fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto.
(e) Except as provided further, the fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel.
(f) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying such fee.
History: L. 2002, ch. 198, § 2; L. 2014, ch. 82, § 35; L. 2015, ch. 81, § 23; L. 2017, ch. 80, § 18; L. 2019, ch. 58, § 19; July 1.

L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 K. 512, 364 P.3d 536 (2015).

Structure Kansas Statutes

Kansas Statutes

Chapter 60 - Procedure, Civil

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.

60-705 Plaintiff's bond.

60-706 Attachment order.

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.

60-723 Garnishment of earnings of public officers and employees; state property exempt from enforcement of judgments.

60-724 Exceptions.

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.

60-731 When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required after judgment.

60-732 Order of garnishment; when garnishment is to attach intangible property other than earnings; effect; administrative fee.

60-733 Garnishment of funds held by financial institution; administrative fee; order of garnishment requirements.

60-734 Order of garnishment when garnishment is to attach earnings; service of process; length of and effect of order; administrative fee; accounting and record.

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.

60-739 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.

60-740 Payment of earnings to judgment debtors and creditors.

60-741 Failure to answer; motion; hearing; expenses and attorney fees.

60-742 Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee.

60-743 Forms used in garnishment proceedings.

60-744 Act supplemental to civil code.