60-740. Payment of earnings to judgment debtors and creditors. This section must apply if the garnishment is to attach earnings of the judgment debtor. If no reply is made to the answer of garnishee within 14 days following the date the garnishee has completed the answer, the garnishee must promptly thereafter pay the earnings withheld as indicated on the answer to all judgment creditors designated on the answer in the amount due each as indicated on the answer, and thereafter continue to pay the earnings withheld as they are withheld, unless the garnishee receives prior to such payment an order of the court to the contrary. If any judgment creditor receives more than they are entitled to, that judgment creditor must promptly return the excess amount to the garnishee for distribution pro-rata to the other judgment creditors designated on the answer, or if no such other judgment creditors are designated, the garnishee must promptly pay the excess amount to the judgment debtor.
History: L. 2002, ch. 198, § 13; L. 2010, ch. 85, § 3; L. 2011, ch. 91, § 24; July 1.
Revisor's Note:
Section was amended twice in the 2010 session, see also 60-740a.
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.