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.
CASE ANNOTATIONS
1. No garnishable debt for personal services contract where payment in advance in absence of fraud. Harpster v. Reynolds, 215 Kan. 327, 332, 333, 524 P.2d 212.
2. A garnishment order is based solely upon the debtor's income and is not to consider the debtor's actual expenses. Master Finance Co. of Texas v. Pollard, 47 Kan. App. 2d 820, 283 P.3d 817 (2012).
LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc., 152 P.3d 34 (Kan. 2007). “See K.S.A. 60-719 et seq. Under the Kansas garnishment statutes, earnings or wages of a debtor are treated differently than the funds that we consider in this case.”
Liberty Bank, F.S.B. v. D.J. Christie, Inc., 681 F. App'x 664 (10th Cir. 2017). “Kan. Stat. Ann. § 60-719 . Moreover, a subsequent garnishment lien does not alter the relationship between the garnishee and the defendant, nor does it put the plaintiff in a better position than the defendant if the defendant had brought an identical claim directly against the…”
Allison v. Gate Elec., Inc. (In Re Mycro-Tek, Inc.), 191 B.R. 188 (Bankr. D. Kan. 1996). “” K.S.A. 60-719. Whether the Bank was acting as a creditor with a perfected security interest or a creditor with a right of setoff, it waived its preferred status by failing to enforce its interest and it is liable to the garnishor for the amount of the garnishment, by virtue of…”
Nicholson v. Mercer, 559 P.3d 350 (Kan. 2024). “Key argues that the garnishment statutes—K.S.A. 60-719 et seq.—cannot, as a matter of law, apply to parties following an assignment of rights.”
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