reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-601 Actions concerning real property.

60-601.
Actions concerning real property.
The term real property, as used in this section, includes any interest or estate created by an oil, gas or mineral lease, or an oil, gas or mineral royalty. Actions concerning real property must be brought in the county designated in this section.
(a) Eminent domain actions. Eminent domain actions must be brought in the county in which the real estate is situated, except if it be an entire tract situated in two or more counties and there is common ownership, the action may be brought in any county in which a part thereof is situated.
(b) Generally. The following actions must be brought in the county in which the real estate is situated, except if it be an entire tract situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract or parts thereof is situated:
(1) Actions in ejectment or for the recovery of real property or any estate or interest therein, or to determine adverse claims.
(2) Actions for the partition of real estate or any estate or interest therein.
(3) Actions for the sale of real property or any estate or interest therein, under a mortgage, lien or other encumbrance or charge.
(4) Actions to compel the specific performance of a contract for the sale of real property, or any estate or interest therein. Such action may also be brought in any county where the defendant or any one of the defendants may reside.
(c) Transcript to other counties. Immediately after final judgment the clerk of the district court in which the action was brought shall transmit a transcript of the proceedings to the clerk of the district court in any other county wherein any real property may be affected by such proceedings where the same shall be docketed and filed. The cost of such transcript and filing shall be taxed as costs of the case.
History:
L. 1963, ch. 303, 60-601; L. 1970, ch. 237, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-602 Local county actions.

60-602.
Local county actions.
Actions for the following causes must be brought in the county in which the cause, or some part thereof arose:
(1) Actions for the recovery of a fine, forfeiture or penalty, other than against public utilities or common carriers, except if the act was committed on a road or river which forms the boundary of two or more counties the action may be brought in any one of the bordering counties opposite the place where the act was committed.
(2) An action against a public officer for an act done or threatened to be done by such officer by virtue or under color of his or her office, or for neglect of his or her official duties.
(3) An action on an official bond or undertaking of a public officer.
History:
L. 1963, ch. 303, 60-602; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-603 Actions against residents.

60-603.
Actions against residents.
An action against a resident of this state, other than an action for which venue is otherwise specifically prescribed by law may be brought in the county,
(1) in which the defendant resides, or
(2) in which the plaintiff resides if the defendant is served therein, or
(3) in which the cause of action arose, or
(4) in which the defendant has a place of business or of employment if said defendant is served therein, or
(5) in which the estate of a deceased person is being probated if such deceased person was jointly liable with the defendant and a demand to enforce such liability has been duly exhibited in the probate proceedings, or
(6) in which there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 at the time of the filing of the action.
History:
L. 1963, ch. 303, 60-603; L. 1965, ch. 355, § 2; L. 1976, ch. 251, § 16; January 10, 1977.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-604 Actions against corporations.

60-604.
Actions against corporations.
An action against a domestic corporation, or against a foreign corporation which is qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(1) Its registered office is located;
(2) the cause of action arose;
(3) the defendant is transacting business at the time of the filing of the petition, if the plaintiff is a resident of such county at the time the cause of action arose;
(4) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 and amendments thereto at the time of the filing of the action; or
(5) equipment or facilities for use in the supply of transportation services, or communication services, including, without limitation, telephonic communication services, are located, where the subject of such action relates to transportation services or communication services supplied or rendered, in whole or in part, using such equipment or facilities.
History:
L. 1963, ch. 303, 60-604; L. 1965, ch. 355, § 3; L. 1989, ch. 178, § 2; L. 1995, ch. 174, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-605 Actions against nonresidents and nonqualified corporations.

60-605.
Actions against nonresidents and nonqualified corporations.
An action against a nonresident of this state, or against a corporation which is not qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(1) The plaintiff resides; or if the plaintiff is a corporation, in the county of its registered office or in which it maintains a place of business; or if the plaintiff is a partnership, either general or limited, in the county of the residence of a partner, in the county of the registered office of a corporate partner or in the county in which the partnership maintains a place of business;
(2) the defendant is served;
(3) the cause of action arose;
(4) the defendant is transacting business at the time of the filing of the petition;
(5) there is property of the defendant, or debts owing to the defendant;
(6) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 and amendments thereto at the time of the filing of the action; or
(7) equipment or facilities for use in the supply of transportation services, or communication services, including, without limitation, telephonic communication services, are located where the subject of such action relates to transportation services or communication services supplied or rendered, in whole or in part, using such equipment or facilities.
History:
L. 1963, ch. 303, 60-605; L. 1965, ch. 355, § 4; L. 1989, ch. 178, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-606 Public utility, common carrier or transportation system.

60-606.
Public utility, common carrier or transportation system.
(a) Except as provided by subsection (b), any action brought against a public utility, common carrier or transportation system for any liability or penalty or forfeiture, may be brought in any county into or through which such public utility, common carrier or transportation system operates regularly.
(b) Any action brought against a public utility, common carrier or transportation system for damages arising from personal injury, resulting in death or otherwise, shall be brought in either the county in which the injury occurred or in the county in which the plaintiff resided at the time of injury.
History:
L. 1963, ch. 303, 60-606; L. 1987, ch. 223, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-607 Domestic relations actions.

60-607.
Domestic relations actions.
(a) An action for divorce, annulment of marriage or separate maintenance may be brought in:
(1) The county in which the petitioner is an actual resident at the time of filing the petition;
(2) the county where the respondent resides or where service may be obtained; or
(3) if the petitioner is a resident of or stationed at a United States post or military reservation within the state at the time of filing the petition, any county adjacent to the post or reservation.
(b) For the purposes of this section, a spouse may have a residence separate and apart from the residence of the other spouse.
History:
L. 1963, ch. 303, 60-607; L. 1983, ch. 196, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-608 Multiple parties.

60-608.
Multiple parties.
If there are several plaintiffs properly joined and venue is determined by the residence of one of them, it shall be necessary that such plaintiff's claim is a substantial part of the action. If there are several defendants properly joined, venue of the action may be determined at the election of the plaintiff as to any one of the defendants against whom a substantial claim exists. If, before trial of an action on the merits is commenced, a party with reference to whom venue was determined ceases to be a party and venue would no longer be proper as to the remaining parties, on the application of any remaining party promptly made, the cause shall be transferred to a county of proper venue. If there is more than one such county, the transfer shall be to a county selected by the plaintiff.
History:
L. 1963, ch. 303, 60-608; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-609 Change of venue.

60-609.
Change of venue.
(a) Upon the motion of a party, a district court may transfer any civil action to any county where it might have been brought upon a finding that a transfer would better serve the convenience of the parties and witnesses and the interests of justice.
(b) In any action in the district court which is commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in which it shall be made to appear that a fair and impartial trial cannot be had in the county where the action is pending, for reasons other than the disqualification of the judge, the court, upon application of either party, may change the place of trial to some county where the objection does not exist.
(c) When all parties who are not in default agree and the agreement is approved by the court of original venue and the supreme court, a civil action may be transferred to any county.
History:
L. 1963, ch. 303, 60-609; L. 1976, ch. 251, § 17; L. 1983, ch. 197, § 1; L. 1995, ch. 174, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-610 Time for objection to venue.

60-610.
Time for objection to venue.
Objection to the venue of an action shall not be allowed except on timely motion made and for grounds established before trial of the action is commenced on the merits.
History:
L. 1963, ch. 303, 60-610; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-611 Effect of improper venue.

60-611.
Effect of improper venue.
If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, or if before trial on the merit commences, it is found that no cause of action exists in favor of or against a party upon whom venue was dependent, the action shall be transferred to a court of proper jurisdiction of any county of proper venue. If there is more than one such county, the transfer shall be to the court of a county selected by the plaintiff. In accordance with K.S.A. 60-2001 and amendments thereto, the receiving district court shall require the payment of an appropriate docket fee from the movant.
History:
L. 1963, ch. 303, 60-611; L. 1993, ch. 107, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-612 Hearing or trial outside county; nonconformity with Americans with disabilities act accessibility guidelines.

60-612.
Hearing or trial outside county; nonconformity with Americans with disabilities act accessibility guidelines.
(a) Without changing venue, a judge may conduct any hearing or nonjury trial in any county agreed upon by all parties who are not in default.
(b) If the court finds on motion of any party, that the county where an action was filed does not have a courtroom or other suitable facility which conforms to section 11 of the Americans with disabilities act accessibility guidelines for buildings and facilities (ADAAG), adopted by 28 C.F.R. § 36.406 and incorporated in appendix A thereto, as in effect on July 1, 1999, and that such failure to conform would prohibit or limit the participation of a person material to the proceeding, the judge, without changing venue, may conduct any hearing or trial in any county with an accessible courtroom.
(c) If the court finds, on motion of any person at least 21 days before the hearing or trial, that the county where an action was filed does not have a courtroom or other suitable facility which conforms to section 11 of the Americans with disabilities act accessibility guidelines for buildings and facilities (ADAAG), adopted by 28 C.F.R. § 36.406 and incorporated in appendix A thereto, as in effect on July 1, 1999, and that such failure to conform would prohibit or limit the attendance of any person, the judge, without changing venue, may conduct the hearing or trial in any county with an accessible courtroom. Notice of the change of the location shall be given to the parties at least 14 days prior to the date of the first proceeding at the alternate location.
History:
L. 1963, ch. 303, 60-612; L. 1983, ch. 197, § 2; L. 1999, ch. 155, § 1; L. 2010, ch. 135, § 159; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-613 Fort Riley military reservation.

60-613.
Fort Riley military reservation.
(a) Action involving persons or property. Any civil action involving either persons residing on or property located upon the Fort Riley military reservation may be brought in any court of competent jurisdiction in either Geary or Riley county, Kansas.
(b) Service of process. The respective sheriffs of Geary and Riley county, Kansas, and others authorized to serve process under the laws of this state, in these two named counties, may serve process in any proper action within the boundaries of the Fort Riley military reservation without regard to the county line between Geary and Riley counties as said line existed before the land comprising said reservation was acquired by the United States of America.
History:
L. 1963, ch. 303, 60-613; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 6 - Venue › 60-614 Venue of actions concerning appropriations; transfer of certain actions; process; act supplemental.

60-614.
Venue of actions concerning appropriations; transfer of certain actions; process; act supplemental.
An action arising from any taking or appropriation, or to enjoin any taking or appropriation, of private or public property, or of any of the rights appertaining thereto, which taking or appropriation was without following the statutory procedures for the exercise of the right of eminent domain, by a public or private corporation, body corporate or body politic, possessing the right of eminent domain under the laws of this state, may be brought in the county in which the property or the rights appertaining thereto is situated at the time of the taking or appropriation thereof. Any such action now pending may at the discretion of the court in which it is now pending, be transferred to the corresponding court in the county where the property or rights are situated. Notwithstanding any other law to the contrary, summons in any such action may be issued by the court and directed to and served by the sheriff of any county wherein the defendant may be found. This act shall create no new rights or causes of action and shall be construed as designating venue for such actions only. This act shall not be construed as waiving any existing sovereign immunity. This act shall be and shall be construed as supplemental to and a part of the code of civil procedure.
History:
L. 1965, ch. 358, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-701 Grounds for attachment.

60-701.
Grounds for attachment.
Subject to the provisions of K.S.A. 60-703, and amendments thereto, the plaintiffs at or after the commencement of any civil action may have, as an incident to the relief sought, one or more attachments against the property of the defendant, or that of any one or more of several defendants, when the defendant whose property is to be attached:
(1) is a nonresident of the state or a foreign corporation, or
(2) has absconded or is concealed so that the summons cannot be served or is about to move out of this state with the intent of changing domicile, or
(3) is about to remove his or her property or effects out of this state, or
(4) is about to convert his or her property or a part thereof into money for the purpose of placing it beyond the reach of creditors, or
(5) has concealed, removed, assigned, conveyed or otherwise disposed of his or her property or effects so as to hinder or delay creditors or is about to do so, or
(6) fraudulently contracted the debt or fraudulently incurred the liability, or
(7) is liable for damages for injuries arising out of the commission of some felony or misdemeanor, or the seduction of a person, or
(8) has failed to pay the price or value of any article or thing delivered which by contract the defendant was bound to pay upon delivery.
History:
L. 1963, ch. 303, 60-701; L. 1970, ch. 238, § 3; L. 1975, ch. 52, § 20; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-702 Attachments on demands not due.

60-702.
Attachments on demands not due.
Subject to the provisions of K.S.A. 60-703 an action may be commenced on a demand not yet due and an attachment may issue upon a bond being given in any of the cases mentioned in K.S.A. 60-701, but no judgment shall be rendered against the defendant until maturity of the demand.
History:
L. 1963, ch. 303, 60-702; L. 1970, ch. 238, § 4; L. 1977, ch. 202, § 1; April 18.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-703 Attachments, how obtained.

60-703. Attachments, how obtained.
The order of attachment shall be issued by a judge of the district court upon the filing of a petition stating the claim and the filing of an affidavit, or an affidavit and bond as required in this article, except that no order of attachment shall be issued before judgment on plaintiff's claim where the property of the defendant to be attached is in the possession of a third party and is in the form of earnings due and owing to the defendant. The filing of an affidavit stating one or more grounds of attachment is required in every case. A bond is required in every case except in actions instituted on behalf of the state of Kansas or a county of the state. The order of attachment may be issued and executed on Sunday, a legal holiday, or a day on which the office of the clerk of the court is not accessible if the affidavit states that the party seeking the attachment will lose the benefit thereof unless the writ be issued or served on such day. The provisions of this section shall not be applicable to garnishments authorized pursuant to K.S.A. 23-2707, and amendments thereto.
History:
L. 1963, ch. 303, 60-703; L. 1970, ch. 238, § 5; L. 1977, ch. 202, § 2; L. 1979, ch. 183, § 1; L. 2010, ch. 11, § 15; L. 2012, ch. 162, § 78; May 31.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-704 Form of affidavit, by whom made.

60-704.
Form of affidavit, by whom made.
The affidavit shall be made by the plaintiff, or some person for the plaintiff, and shall state: (1) The grounds upon which the attachment is sought, specifying with particularity the facts in support of such grounds, (2) that the plaintiff has a just claim against the defendant, and (3) the amount which the affiant believes the plaintiff ought to recover, after allowing all just credits and setoffs.
History:
L. 1963, ch. 303, 60-704; L. 1977, ch. 202, § 3; April 18.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-705 Plaintiff's bond.

60-705.
Plaintiff's bond.
(a) Form and contents. When a bond is required, the bond shall be executed by the plaintiff and one or more sufficient sureties in a sum double the amount of the plaintiff's claim, or such lesser amount as shall be approved by an order of the judge, to the effect that the plaintiff shall pay to the defendant all damages which the defendant may sustain by reason of the attachment if wrongfully obtained, or from a wrongful levy thereof if such levy was directed by the plaintiff or plaintiff's attorney. The bond shall be examined by the judge as to its sufficiency and, if approved by the judge, such approval shall be noted thereon.
(b) Insufficiency. If at any time it shall be made to appear to the judge that the bond given by the plaintiff is insufficient in amount, or that any surety therein has died, or has removed from the state, or has become or is likely to become insolvent, the judge on reasonable notice to the plaintiff may order another bond and such further security to be given as shall seem necessary. If the plaintiff shall fail to comply with such order, within the time prescribed by the judge, the attachment shall be dissolved at the plaintiff's cost.
History:
L. 1963, ch. 303, 60-705; L. 1993, ch. 108, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-707 Attached property retained or repossessed by defendant; bond.

60-707.
Attached property retained or repossessed by defendant; bond.
Bond, conditions, discharge of attachment. When property of the defendant found in the defendant's possession or in the possession of any other person shall be attached, the defendant, or such other person, may retain or regain the possession thereof at any time before final judgment or sale of such property under the order of the court, by giving a bond with one or more sufficient sureties in an amount which is: (1) Equal to the amount of the plaintiff's claim and probable court costs as shown in the order of attachment or (2) equal to the amount of the appraisal of the property as determined pursuant to subsection (b) of K.S.A. 60-706, or (3) in such lesser amount as may be ordered by the court. The person giving the bond shall have the option of giving bond in an amount prescribed by clause (1) or (2) of this section. The conditions of the bond shall be that the property, or the value thereof, as the case may be, shall be available to apply on any judgment rendered in the action at such time as the court shall order. The sufficiency of the said bond shall be determined by the officer levying the attachment.
Upon the filing of the bond the attachment in such action shall be discharged and restitution made of any property taken under it.
History:
L. 1963, ch. 303, 60-707; L. 1977, ch. 202, § 5; April 18.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-709 Compensation of officer.

60-709.
Compensation of officer.
When property is seized on attachment, the court may allow to the officer having charge thereof such amount as will reimburse the officer for his or her expense in taking the property into his or her possession and keeping the same, and such amount will be charged as costs in the action.
History:
L. 1963, ch. 303, 60-709; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-710 Sale of perishable property.

60-710.
Sale of perishable property.
When property shall be actually seized which is likely to perish or to materially depreciate in value before the probable termination of the suit, or the keeping of which would be attended with unreasonable loss or expense, a judge of the district court of the county where the suit is pending or where the property is located may order the same to be sold on such terms and conditions as the judge may direct, by the officer having charge of the property, and a return of the proceedings thereon shall be made by the officer at a time to be fixed by the judge. The return of the officer shall be filed with the clerk of the court in the county in which the suit is pending. The title of any purchaser at such sale shall not be affected by any proceedings brought under K.S.A. 60-309.
History:
L. 1963, ch. 303, 60-710; L. 1976, ch. 251, § 18; January 10, 1977.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-711 Appointment of receiver.

60-711.
Appointment of receiver.
The judge may appoint a receiver in aid of attachment subject to the provisions of article 13 of this chapter.
History:
L. 1963, ch. 303, 60-711; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-712 Dissolution of attachment; hearing.

60-712.
Dissolution of attachment; hearing.
(a) Motion to dissolve, how made. In all cases where property, effects or credits shall be attached, any interested person may file a motion to dissolve the attachment, verified by affidavit, putting in issue the sufficiency of the proceedings, the defendant's or other person's claim of exemption as to any property which has been attached, or the truth of the facts alleged in the affidavit on which the attachment was issued. The court shall hold a hearing on the motion within seven days after the receipt thereof. The burden of proof shall be on the party seeking the attachment except as to any claim of exemption.
(b) Amendments. The judge may in the interest of justice, permit amendments to the petition or the affidavit, including the specification of additional grounds for attachment.
History:
L. 1963, ch. 303, 60-712; L. 1977, ch. 202, § 6; L. 2010, ch. 135, § 160; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-713 Settlement of conflicting claims.

60-713.
Settlement of conflicting claims.
Any person claiming an interest in any property attached shall be permitted to intervene in accordance with K.S.A. 60-224 (a), and in the discretion of the judge any creditor of a party if the creditor's claim is liquidated in amount may be permitted, to intervene in the attachment proceedings, or may be joined as a party thereto in accordance with K.S.A. 60-219 (b), and the court shall adjudicate their respective rights in accordance with the following rules:
(a) Process. Process shall be served on parties joined under this section in the same manner and with the same effect as is provided in article 3 of this chapter.
(b) Multiple attachments. An officer having several orders of attachment subject to being levied on the same property shall levy the same in the order in which they were received by said officer. If there are several attachments issued out of different courts, all questions arising under this section shall be determined by the court out of which there was issued the first attachment served. The clerk of the court which determines such questions shall promptly certify the proceedings to any other court in which proceedings are affected thereby.
(c) Representation of passive parties. If any party to the proceedings, whether an original party or one who has been subsequently joined, fails to assert a right or a defense available, and such failure is prejudicial to the rights of some other party, the latter may assert the same for the protection of such party's own interest.
(d) Fraudulent conveyances. The grantee of any interest in attached property, which interest was received fraudulently, may be joined for the purpose of barring such interest, setting aside such conveyance, or obtaining such other relief as justice may require.
History:
L. 1963, ch. 303, 60-713; L. 1976, ch. 251, § 19, January 10, 1977.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-719 Effect of offsets claimed by garnishee.

60-719.
Effect of offsets claimed by garnishee.
When the garnishee claims that he or she is not indebted to the defendant for the reason that the defendant is indebted to the garnishee, or that the indebtedness due to the defendant is reduced thereby, the garnishee is not discharged unless and until he or she applies the amount of his or her indebtedness to the defendant to the liquidation of his or her claim against the defendant.
History:
L. 1963, ch. 303, 60-719; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-721 Judgment in garnishment proceedings.

60-721.
Judgment in garnishment proceedings.
(a) Upon determination of the issues, either by admissions in the answer or reply, or by default, or by findings of the court on controverted issues, judgment shall be entered fixing the rights and liabilities of all the parties in the garnishment proceedings (1) by determining the liability of garnishee upon default, or (2) discharging the garnishee, or (3) making available to the satisfaction of the claim of the plaintiff any indebtedness due from the garnishee to the defendant or any property in the hands of the garnishee belonging to the defendant, including ordering the payment of money by the garnishee into court, or the impoundment, preservation and sale of property as provided for the disposition of attached property, or (4) rendering judgment against the garnishee for the amount of his or her indebtedness to the defendant or for the value of any property of the defendant held by the garnishee, and (5) if the answer of a garnishee is controverted without good cause, the court may award the garnishee judgment against the party controverting such answer damages for his or her expenses, including reasonable attorneys' fees, necessarily incurred in substantiating the same.
(b) When judgment is entered in garnishment proceedings for the purpose of enforcing an order of any court for the support of any person and the court finds that a continuing order of garnishment is necessary to insure payment of a court order of support, the court may issue a continuing order of garnishment to allow any indebtedness that will become due from the garnishee to the defendant because of an employer-employee relationship to be made available to the plaintiff on a periodic and continuing basis for so long as the court issuing the order may determine or until otherwise ordered by such court in a further proceeding. No order may be made pursuant to this subsection (b) unless the court finds that the defendant is in arrearage of a court order for support in an amount equal to or greater than one year of support as ordered and the defendant receives compensation from his or her employer on a regular basis in substantially equal periodic payments. On motion of a defendant who is subject to a garnishment order pursuant to this subsection (b), the court for good cause shown may modify or revoke any such order.
(c) All orders and judgments in any garnishment proceeding shall be subject to the provisions of K.S.A. 60-727 and amendments thereto.
History:
L. 1963, ch. 303, 60-721; L. 1978, ch. 227, § 4; L. 1996, ch. 71, § 2; April 4.
2023 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.
2023 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.
2023 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; January 1, 1964.
2023 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; January 1, 2001.
2023 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; April 4.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.