61-3504. When garnishment available after judgment. (a) As an aid to the collection of a judgment, an order of garnishment may be obtained at any time after 14 days following judgment. There is no requirement that an execution first be issued and returned unsatisfied.
(b) The party requesting a garnishment shall file a request in an individual case or by a master request covering more than one case asking the court to issue an order of garnishment. The request shall designate whether the order of garnishment is to be issued to attach earnings or to attach other property of the judgment debtor. If such party seeks to attach earnings of the judgment debtor to enforce:
(1) An order of any court for the support of any person;
(2) an order of any court of bankruptcy under chapter 13 of the United States bankruptcy code; or
(3) a debt due for any state or federal tax, the direction of the party shall so indicate. No bond is required for an order of garnishment issued after judgment.
History: L. 2000, ch. 161, § 49; L. 2010, ch. 135, § 208; July 1.
Structure Kansas Statutes
Chapter 61 - Procedure, Civil, For Limited Actions
Article 35 - Attachment And Garnishment
61-3502 Nature of garnishment.
61-3503 When garnishment available before judgment.
61-3504 When garnishment available after judgment.
61-3505 Order of garnishment, other than earnings.
61-3507 Order of garnishment, earnings.
61-3508 Notice to judgment debtor; hearing on claim of exemption.
61-3509 Answer of garnishee; attachment of intangible property other than earnings.
61-3510 Same; attaching earnings.
61-3511 Same; reply; notification and hearing; burden of proof.
61-3513 Payment of earnings withheld by garnishee.
61-3514 Failure of garnishee to answer.