60-739. Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee. (a) The court shall direct the garnishee to pay to the judgment creditor such amount that the garnishee is holding, as indicated by the answer, or such lesser amount as warranted, if:
(1) The garnishment has attached to intangible property other than earnings of the judgment debtor;
(2) fourteen days have passed since receipt of the answer of the garnishee by the judgment creditor; and
(3) no reply to the answer has been filed.
(b) The judgment creditor shall promptly refund to the judgment debtor any overpayment of the claim. The garnishee may release the funds, credits or indebtedness that have been attached pursuant to the order of garnishment if no order to pay the judgment creditor has been received within 60 days following the receipt of the answer of the garnishee by the judgment creditor.
(c) The garnishee shall not be liable to any judgment creditor or judgment debtor and shall not be assessed any penalty by reason of any action taken in good faith by the garnishee in accordance with the provisions of article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2002, ch. 198, § 12; L. 2003, ch. 131, § 1; L. 2010, ch. 135, § 165; L. 2012, ch. 68, § 4; July 1.
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.