61-3514. Failure of garnishee to answer. 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. 61-2907, 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. 2000, ch. 161, ยง 59; Jan. 1, 2001.
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.