60-741. Failure to answer; motion; hearing; expenses and attorney fees. If the garnishee fails to answer within the time and manner specified in the order of garnishment, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 60-205, and amendments thereto. At the hearing on the motion, the court may grant judgment against the garnishee for the amount of the judgment creditor's judgment or claim against the judgment debtor or for such other amount as the court deems reasonable and proper, and for the expenses and attorney fees of the judgment creditor. If the claim of the plaintiff has not been reduced to judgment, the liability of the garnishee shall be limited to the judgment ultimately rendered against the judgment debtor.
History: L. 2002, ch. 198, ยง 14; 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.