reglab/housing_qa huggingface dataset:
KS Stat § 60-722 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-722 Bond of defendant for payment of judgment.

60-722. Bond of defendant for payment of judgment. The defendant may at any time after the proceeding is commenced file with the clerk of the court a bond, to be approved by the judge of the district court, in double the amount of the claim or such lesser amount as shall be approved by order of the judge to the effect that the defendant will pay to the plaintiff on demand the amount of the judgment and costs that may be assessed against such defendant, and thereupon, the garnishee shall be discharged and any money or property paid or delivered to any officer shall be delivered to the person entitled thereto.History: L. 1963, ch. 303, 60-722; L. 1992, ch. 314, § 9; July 1.
KS Stat § 60-723 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-723 Garnishment of earnings of public officers and employees; state property exempt from enforcement of judgments.

60-723. Garnishment of earnings of public officers and employees; state property exempt from enforcement of judgments. (a) All provisions, requirements, conditions and exemptions of the garnishment laws of the state of Kansas shall apply to all state, county, city, township and school district officers and employees, as well as to all officers and employees of all municipal or quasi-municipal corporations, to the same extent and effect as such laws apply under the existing statutes of the state of Kansas to officers and employees of private corporations, subject to the limitations contained in K.S.A. 60-717 and 60-718, and amendments thereto.(b) Consent is hereby given for garnishment proceedings to be brought against the state and such counties, townships, cities, school districts and other municipal or quasi-municipal corporations in the same manner and under the same procedure as is now provided by law for bringing such proceedings against private corporations.(c) All income withholding orders for support or orders of garnishment attaching earnings of a state officer or employee shall be served upon the director of accounts and reports.(d) All property, funds, credits and indebtedness of the state or of any agency of the state shall be exempt from garnishment, attachment, levy and execution and sale, and no judgment against the state or any agency of the state shall be a charge or lien on any such property, funds, credits or indebtedness.History: L. 1963, ch. 303, 60-723; L. 1969, ch. 284, § 3; L. 1981, ch. 232, § 1; L. 1994, ch. 273, § 4; July 1.
KS Stat § 60-724 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-724 Exceptions.

60-724. Exceptions. No judgment shall be rendered in garnishment by reason of the garnishee:(1) having drawn, accepted, made, endorsed, or guaranteed any negotiable bill, draft, note, or other security, or(2) holding moneys on a claim not arising out of contract and not liquidated as to amount, or(3) holding moneys or property exempt by law, or the proceeds therefrom.History: L. 1963, ch. 303, 60-724; Jan. 1, 1964.
KS Stat § 60-725 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-725 Amendment of garnishee's answer form by clerks of certain courts; when.

60-725. Amendment of garnishee's answer form by clerks of certain courts; when. Whenever the secretary of labor, pursuant to authority vested in the secretary under P.L. 90-321, shall promulgate rules and regulations establishing the amount of disposable earnings subject to wage garnishment, which rules and regulations are a result of a change in and based upon multiples of the minimum hourly wage established by section 206(a)(1) of title 29 of the United States code, the clerks of the several district courts are hereby authorized and directed to amend the instructions to the garnishee in the garnishee's answer form, as contained in subsection (b) of K.S.A. 60-718, and amendments thereto, to correspond to such rules and regulations.History: L. 1972, ch. 222, § 12; L. 1976, ch. 251, § 20; L. 2000, ch. 161, § 113; Jan. 1, 2001.
KS Stat § 60-727 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-727 Garnishment proceedings; payments from inmate trust accounts; minimum amount.

60-727. Garnishment proceedings; payments from inmate trust accounts; minimum amount. (a) In any garnishment proceeding, no payment shall be made from any inmate trust account for any amount less than $5.(b) As used in this section, "inmate trust account" means a trust account established or maintained by any officer or employee of the department of corrections or any correctional institution for an inmate pursuant to K.S.A. 76-172 through 76-175a and amendments thereto and the "inmate" and "correctional institution" have the meanings respectively ascribed thereto by K.S.A. 75-5202 and amendments thereto.History: L. 1996, ch. 71, § 1; Apr. 4.
KS Stat § 60-729 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-729 Order of garnishment; fee; authorized only by legislative enactment.

60-729. Order of garnishment; fee; authorized only by legislative enactment. (a) Garnishment is a procedure whereby the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.(b) Any party requesting an order of garnishment shall pay a fee in the amount of $7.50 to the clerk of the district court.(c) A poverty affidavit may be filed in lieu of a fee as established in K.S.A. 60-2001, and amendments thereto.(d) The fee shall be the only costs assessed in each case for services of the clerk of the district court and the sheriff. The fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto.(e) Except as provided further, the fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel.(f) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying such fee.History: L. 2002, ch. 198, § 2; L. 2014, ch. 82, § 35; L. 2015, ch. 81, § 23; L. 2017, ch. 80, § 18; L. 2019, ch. 58, § 19; July 1.L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 K. 512, 364 P.3d 536 (2015).
KS Stat § 60-730 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-730 When garnishment available before judgment.

60-730. When garnishment available before judgment. An order of garnishment before judgment may be obtained only upon order of a judge of the district court pursuant to the procedure to obtain an order of attachment. No order of garnishment may be obtained before judgment where the property sought to be attached is wages earned by the person being garnished.History: L. 2002, ch. 198, § 3; July 1.
KS Stat § 60-731 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-731 When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required after judgment.

60-731. When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required 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. 2002, ch. 198, § 4; L. 2010, ch. 135, § 161; July 1.
KS Stat § 60-735 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-735 Notice to judgment debtor; form and content; right to hearing; burden of proof.

60-735. Notice to judgment debtor; form and content; right to hearing; burden of proof. (a) Immediately following the time the order of garnishment is served on the garnishee, the party seeking the garnishment shall send a notice to the judgment debtor in any reasonable manner, notifying the judgment debtor:(1) That a garnishment order has been issued against the judgment debtor and the effect of such order;(2) of the judgment debtor's right to assert any claim of exemption allowed under the law with respect to a garnishment against property other than earnings or of the judgment debtor's right to object to the calculation of exempt and nonexempt earnings with respect to a garnishment against the earnings of the debtor; and(3) of the judgment debtor's right to a hearing on such claim or objection. The notice shall be substantially in compliance with the form set forth by the judicial council, and shall contain a description of the exemptions that are applicable to garnishments and the procedure by which the judgment debtor can assert any claim of exemption.(b) If the judgment debtor requests a hearing to assert any claim of exemption, the request shall be filed no later than 14 days following the date the notice is served on the judgment debtor. If a hearing is requested, the hearing shall be held by the court no sooner than seven days nor later than 14 days after the request is filed. At the time the request for hearing is filed, the judgment debtor shall obtain from the clerk or court the date and time for the hearing which shall be noted on the request form. Immediately after the request for hearing is filed, the judgment debtor shall hand-deliver to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, or mail to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, by first-class mail at the party seeking the garnishment or such party's attorney's last known address, a copy of the request for hearing.(c) If a hearing is held, the judgment debtor shall have the burden of proof to show that some or all of the property subject to the garnishment is exempt, and the court shall enter an order determining the exemption and such other order or orders as is appropriate.History: L. 2002, ch. 198, § 8; L. 2010, ch. 135, § 162; July 1.
KS Stat § 60-736 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-736 Answer of garnishee; attachment of intangible property other than earnings.

60-736. Answer of garnishee; attachment of intangible property other than earnings. This section shall apply if the garnishment is to attach intangible property other than earnings of the judgment debtor.(a) The answer of the garnishee shall be substantially in compliance with the forms set forth by the judicial council.(b) Within 14 days after service, other than that required pursuant to K.S.A. 40-218, and amendments thereto, upon a garnishee of an order of garnishment the garnishee shall complete the answer in accordance with the instructions accompanying the answer form stating the facts with respect to the demands of the order.(1) Except as otherwise provided in subsection (b)(2), the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor and judgment debtor at the addresses listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.(2) If the garnishee does not have assets of the judgment debtor, the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor at the address listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.History: L. 2002, ch. 198, § 9; L. 2008, ch. 143, § 1; L. 2010, ch. 135, § 163; L. 2012, ch. 68, § 2; L. 2013, ch. 31, § 1; July 1.
KS Stat § 60-737 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-737 Same; garnishment attaching earnings; contents.

60-737. Same; garnishment attaching earnings; contents. This section must apply if the garnishment is to attach earnings of the judgment debtor.(a) The answer of the garnishee must be substantially in compliance with the forms set forth by the judicial council.(b) Within 14 days following the date of service upon a garnishee of an initial order of garnishment, the garnishee must complete the answer in accordance with the instructions accompanying the answer form and send the completed answer to each judgment creditor and judgment debtor at the addresses listed on the answer form. The garnishee must designate on the answer in the space provided on the answer form the name and case number for each judgment creditor who has a garnishment order in effect for the same debtor and the amount that is due each judgment creditor under the garnishment in accordance with the instructions accompanying the answer form. Only one answer needs to be completed for each judgment debtor by the garnishee and the garnishee may duplicate the completed answer in any manner the garnishee desires for distribution to each judgment creditor and judgment debtor. The answer must be supported by unsworn declaration in the manner set forth on the answer form. Once the garnishee has distributed the answer to the initial order of garnishment, no further answer is required. A party or the court may request a written explanation of the garnishee's computations of earnings withheld during any pay period, and the explanation must be submitted by affidavit within 14 days after such request. Service of the request must be in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.(c) If there are other liens against the judgment debtor's earnings which by law have priority over garnishments, the garnishee must so indicate on the answer. In such event, the garnishment must remain in effect but no earnings of the debtor must be withheld under the garnishment order unless and until all liens having priority are released or satisfied or the earnings being withheld under all of such liens are less than the amount which is exempt under K.S.A. 60-2310, and amendments thereto.History: L. 2002, ch. 198, § 10; L. 2010, ch. 85, § 2; July 1.
KS Stat § 60-738 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-738 Same; reply; notification and hearing; burden of proof.

60-738. 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. 2002, ch. 198, § 11; L. 2010, ch. 135, § 164; L. 2012, ch. 68, § 3; July 1.
KS Stat § 60-739 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-739 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.

60-739. Garnishee's payment to  the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee. (a) The court shall direct the garnishee to pay to the judgment creditor such amount that the garnishee is holding, as indicated by the answer, or such lesser amount as warranted, if:(1) The garnishment has attached to intangible property other than earnings of the judgment debtor;(2) fourteen days have passed since receipt of the answer of the garnishee by the judgment creditor; and(3) no reply to the answer has been filed.(b) The judgment creditor shall promptly refund to the judgment debtor any overpayment of the claim. The garnishee may release the funds, credits or indebtedness that have been attached pursuant to the order of garnishment if no order to pay the judgment creditor has been received within 60 days following the receipt of the answer of the garnishee by the judgment creditor.(c) The garnishee shall not be liable to any judgment creditor or judgment debtor and shall not be assessed any penalty by reason of any action taken in good faith by the garnishee in accordance with the provisions of article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.History: L. 2002, ch. 198, § 12; L. 2003, ch. 131, § 1; L. 2010, ch. 135, § 165; L. 2012, ch. 68, § 4; July 1.
KS Stat § 60-740 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-740 Payment of earnings to judgment debtors and creditors.

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.
KS Stat § 60-741 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-741 Failure to answer; motion; hearing; expenses and attorney fees.

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, § 14; July 1.
KS Stat § 60-742 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-742 Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee.

60-742. Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee. If after the time the garnishee is to make payment of funds or property held under a garnishment, the garnishee fails or refuses to pay or deliver property to the judgment creditor, 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 find the garnishee in contempt and punish the garnishee by a fine or may enter judgment against the garnishee for such amount as the court deems reasonable and proper, including the expenses and attorney fees of the judgment creditor.History: L. 2002, ch. 198, § 15; July 1.
KS Stat § 60-743 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-743 Forms used in garnishment proceedings.

60-743. Forms used in garnishment proceedings. The forms set forth by the judicial council are sufficient under this act and are intended to indicate the simplicity and brevity of statement which this act contemplates.History: L. 2002, ch. 198, § 16; July 1.
KS Stat § 60-744 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 7 - Attachment And Garnishment|60-744 Act supplemental to civil code.

60-744. Act supplemental to civil code. The provisions of K.S.A. 60-729 through 60-744, and amendments thereto, shall be part of and supplemental to the code of civil procedure.History: L. 2002, ch. 198, § 17; July 1.
KS Stat § 60-801 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 8 - Mandamus|60-801 Nature of mandamus.

60-801. Nature of mandamus. Mandamus is a proceeding to compel some inferior court, tribunal, board, or some corporation or person to perform a specified duty, which duty results from the office, trust, or official station of the party to whom the order is directed, or from operation of law.History: L. 1963, ch. 303, 60-801; Jan. 1, 1964.