61-3511. Same; reply; notification and hearing; burden of proof. (a) No later than 14 days after the garnishee makes the answer and sends it to the judgment creditor and judgment debtor, the judgment creditor or judgment debtor, or both, may file a reply disputing any statement in the answer of the garnishee. A copy of the reply shall be sent by the party filing same to the other party, to any other judgment creditors affected and to the garnishee. The party filing the reply shall notify the court and schedule a hearing on the reply to be held within 30 days after filing of the reply.
(b) At the hearing, the court shall determine and rule on all issues related to the reply. The burden of proof shall be upon the party filing the reply to disprove the statements of the answer, except that the garnishee shall have the burden of proving offsets or indebtedness claimed to be due from the judgment debtor to the garnishee, or liens asserted by the garnishee against personal property of the judgment debtor. The provisions of K.S.A. 60-719, and amendments thereto, relating to offsets claimed by the garnishee shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 56; L. 2010, ch. 135, § 211; L. 2012, ch. 68, § 7; 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.