Kansas Statutes Annotated

K.S.A. § 60-701 (2026)

Grounds for attachment

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 15 cases, 1972–2020 · leading case: Taylor v. Sebelius, 350 F. Supp. 2d 888 (D. Kan. 2004).

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Taylor v. Sebelius, 350 F. Supp. 2d 888 (D. Kan. 2004). · cites it 4× “Plaintiff maintains that defendants should have followed the garnishment procedures set forth in K.S.A. § 60-701 et seq. Plaintiffs complaint is too vague and eonclusory to state a claim for violation of his constitutional right to procedural due process.”

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). · cites it 4× “§ 60-701 (1979). This purpose likewise extends to an appeal.”

In Re Urban, 262 B.R. 865 (Bankr. D. Kan. 2001). · cites it 2× “The 1970 legislature enacted substantial portions of that part of Chapter 60 pertaining to attachments and garnishments (K.S.A. § 60-701, et seq.) along with current K.”

Owens v. Sebelius, 357 F. Supp. 2d 1281 (D. Kan. 2005). · cites it 4× “Plaintiff alleges that defendants should have followed the garnishment procedures set forth in K.S.A. § 60-701 et seq. Plaintiffs complaint is too vague and conclusory to state a claim for violation of his constitutional right to procedural due process.”

Hillhouse v. City of Kansas City, 559 P.2d 1148 (Kan. 1977). · cites it 2× “according to the provisions of section 60-701 would entitle the plaintiff to an attachment.”

James v. Strange, 407 U.S. 128 (1972). “Kan. Stat. Ann. §§ 60-701 to 60-724, 60-2401 to.”

Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465 (D. Kan. 1990). · cites it 5× “Prejudgment Attachment Order In the alternative, plaintiff seeks an order of prejudgment attachment against defendant pursuant to K.S.A. 60-701 et seq. 1 Specifically, plaintiff alleges that defendant intends to “convert his or her property or a part thereof into money for the…”

Braun v. Pepper, 578 P.2d 695 (Kan. 1978). “Examples of provisional remedies are attachment (K.S.A. 60-701, et seq.), garnishment (K.S.”

Bartlett Coop. Ass'n v. Patton, 722 P.2d 551 (Kan. 1986). “’ ” Garnishment is governed by the provisions of Article 7 of the Kansas Code of Civil Procedure, K.S.A. 60-701 et seq. It is defined as “either (1) a form of or an aid to attachment, or (2) in lieu of or in aid of execution.”

In Re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992). · cites it 2× “In addition to receivership proceedings, Kansas law provides the following extraordinary remedies for obtaining pre-judgement possession of property incident to the filing of an action: attachment (K.S.A. 60-701 et seq.), garnishment (K.S.”

Jetcraft Corp. v. Banpais, 166 F.R.D. 483 (D. Kan. 1996). “On December 1, 1995, Jet-craft filed a motion to attach the aircraft pursuant to K.S.A. 60-701 et seq. Jetcraft also filed an amended complaint on December 1, 1995, in which it requested quasi in rem relief through the judicial sale of the aircraft, in addition to the relief…”

Hankin v. Graphic Tech., Inc., 222 P.3d 523 (Kan. Ct. App. 2010). “42 § 2959[f] [Purdon 2002]) which permitted a lien of attachment or any execution issued on it by a judgment creditor to be maintained after a judgment had been opened, constituted a prejudgment attachment not in compliance with K.S.A. 60-701 et seq. The journal entry of…”

Show all 15 citing cases →

— K.S.A. § 60-701(4) — 1 case

Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465 (D. Kan. 1990). “Prejudgment Attachment Order In the alternative, plaintiff seeks an order of prejudgment attachment against defendant pursuant to K.S.A. 60-701 et seq. 1 Specifically, plaintiff alleges that defendant intends to “convert his or her property or a part thereof into money for the…”

— K.S.A. § 60-701(5) — 1 case

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). “§ 60-701 (1979). This purpose likewise extends to an appeal.”

— K.S.A. § 60-701(6) — 1 case

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). “§ 60-701 (1979). This purpose likewise extends to an appeal.”

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