Kansas Statutes Annotated

K.S.A. § 60-705 (2026)

Plaintiff's bond

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 4 cases, 1927–1990 · leading case: Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465 (D. Kan. 1990).

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Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465 (D. Kan. 1990). · cites it 2× “Moreover, K.S.A. 60-705 requires plaintiff to post a bond “double the amount of the plaintiff’s claim .”

Schraeder v. Sisters of St. Joseph, 357 P.2d 854 (Kan. 1960). · cites it 2× “When any of the defects enumerated in section 60-705 do not appear upon the face of the petition, the objection may be taken by answer.”

Fink v. Allen, 711 P.2d 768 (Kan. Ct. App. 1985). · cites it 6× “The dispositive issue for our resolution is whether, under K.S.A. 60-705(a), the surety on an attachment bond is liable for payment of damages by reason of the wrongful attachment of property of one who is neither a named obligee nor a party to the underlying action in which the…”

Coe v. Fed. Reserve Life Ins., 251 P. 1102 (Kan. 1927). · cites it 2× “The statute, section 60-705 of the Revised Statutes, reads: “The defendant may demur to the petition only when it appears on its face .”

— K.S.A. § 60-705(a) — 1 case

Fink v. Allen, 711 P.2d 768 (Kan. Ct. App. 1985). “The dispositive issue for our resolution is whether, under K.S.A. 60-705(a), the surety on an attachment bond is liable for payment of damages by reason of the wrongful attachment of property of one who is neither a named obligee nor a party to the underlying action in which the…”

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