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.
Notes of Decisions
Long v. Citizen's Bank & Trust Co. of Manhattan, 563 F. Supp. 1203 (D. Kan. 1983).
· cites it 4× “At the-same time, the Bank filed an affidavit in support of its application for a prejudgment attachment of the Jeep, pursuant to K.S.A. § 60-703 (1981 Supp.). The prejudgment attachment was issued on June 5, 1981 on the signature of a deputy clerk of the Kansas Court, and the…”
In Re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992).
“K.S.A. 60-703 prohibits the issuance of an order of attachment before judgment 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.”
Siefkes v. Nichols, 788 F. Supp. 477 (D. Kan. 1992).
“The debtor then filed a § 1983 claim alleging his property interest in his vehicle was injured and deprived him of due process.”
Dole Irrigation Supply, Inc. v. Knackstedt, 348 P.2d 602 (Kan. 1960).
· cites it 2× “*144 At the outset it may be stated that G. S. 1949, 60-701 provides that the pleadings in a civil action are the written statements by the parties of the facts constituting their respective claims and defenses.”
Ad Astra Recovery Servs., Inc. v. Heath (D. Kan. 2020).
· cites it 2× “60-701, [s]ubject 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…”
Nelson v. Thornberg, 504 F. Supp. 199 (D. Kan. 1980).
“60-701 provides the following grounds for pre-judgment 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…”
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