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.
Notes of Decisions
Cited in
16
cases, 1976–2018 · leading case:
Ortiz v. Biscanin, 190 F. Supp. 2d 1237 (D. Kan. 2002).
Ortiz v. Biscanin, 190 F. Supp. 2d 1237 (D. Kan. 2002).
· cites it 3× “” Kan. Stat. Ann. § 60-721 . Furthermore, plaintiff could obtain in state court a judgment that the settlement amount reached in the wrongful death litigation is excessive.”
LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc., 152 P.3d 34 (Kan. 2007).
“K.S.A. 60-721(a)(3), (4). If a garnishee bank holds funds in two or more accounts owed to the judgment debtor, the bank may pay the garnishment judgment from any one or more of these accounts.”
Farmco, Inc. v. Explosive Specialists, Inc., 684 P.2d 436 (Kan. Ct. App. 1984).
· cites it 3× “Since the statutes governing garnishment proceedings not only fail to provide for attorney’s fees for plaintiffs in garnishment proceedings but also imply that such fees are not to be awarded, see K.S.A. 60-721, Allstate contends that the allowance of attorney’s fees was…”
Bergeson v. Dilworth, 749 F. Supp. 1555 (D. Kan. 1990).
· cites it 2× “Plaintiff now claims that deposit of this amount with the court is appropriate under K.S.A. § 60-721(a) because garnishee has admitted liability in the amount of the $200,000.”
Associated Wholesale Grocers, Inc. v. Americold Corp., 270 P.3d 1074 (Kan. 2011).
“See K.S.A. 60-721(a)(4) (in garnishment proceeding court can render judgment against garnishee for amount of indebtedness to the defendant or value of defendant’s property held by garnishee).”
Rood v. Kansas City Power & Light Co., 755 P.2d 502 (Kan. 1988).
· cites it 2× “In addition to the statutes just discussed, K.S.A. 60-721(a), 60-905, and 60-910 authorize the sanction of attorney fees under other circumstances where bad faith is shown.”
Sours v. Russell, 967 P.2d 348 (Kan. Ct. App. 1998).
· cites it 2× “40-256 and instead granted fees to American States pursuant to K.S.A. 60-721. Sours appeals. K.S.A. 40-256 provides: “[I]n all actions hereafter commenced, in which judgment is rendered against any insurance company .”
In Re Raboin, 135 B.R. 682 (Bankr. D. Kan. 1991).
“Raboin obtained a continuing garnishment order in state court pursuant to K.S.A. 60-721(b) which would withhold 55% of the debtor’s net disposable earnings to pay his current obligation and contribute to a reduction of the arrearage.”
Coleman v. Holecek, 542 F.2d 532 (10th Cir. 1976).
“Since the statutes governing garnishment proceedings not only fail to provide for attorneys fees for plaintiffs in garnishment proceedings but also imply that such fees are not to be awarded, see K.S.A. 60-721, Allstate contends that the allowance of attorney's fees was improper.”
Citizens State Bank of Grainfield v. Kaiser, 750 P.2d 422 (Kan. Ct. App. 1988).
· cites it 2× “The portion of the court’s January 27 journal entry ordering Hartman and Zerr to pay Kaiser’s share of the estate into court did not fix “the rights and liabilities of all the parties,” K.S.A. 60-721(a), and, therefore, did not constitute a final, appealable judgment.”
Vanover v. Vanover, 987 P.2d 1105 (Kan. Ct. App. 1999).
“) Based on Bollinger , Edward argues that the only authority for awarding attorney fees in a garnishment is K.S.A. 1998 Supp. 60-721(a)(5), which allows attorney fees to a garnishee owner.”
— K.S.A. § 60-721(a) — 4 cases
Bergeson v. Dilworth, 749 F. Supp. 1555 (D. Kan. 1990).
“Plaintiff now claims that deposit of this amount with the court is appropriate under K.S.A. § 60-721(a) because garnishee has admitted liability in the amount of the $200,000.”
Rood v. Kansas City Power & Light Co., 755 P.2d 502 (Kan. 1988).
“In addition to the statutes just discussed, K.S.A. 60-721(a), 60-905, and 60-910 authorize the sanction of attorney fees under other circumstances where bad faith is shown.”
Farmco, Inc. v. Explosive Specialists, Inc., 684 P.2d 436 (Kan. Ct. App. 1984).
“Since the statutes governing garnishment proceedings not only fail to provide for attorney’s fees for plaintiffs in garnishment proceedings but also imply that such fees are not to be awarded, see K.S.A. 60-721, Allstate contends that the allowance of attorney’s fees was…”
Citizens State Bank of Grainfield v. Kaiser, 750 P.2d 422 (Kan. Ct. App. 1988).
“The portion of the court’s January 27 journal entry ordering Hartman and Zerr to pay Kaiser’s share of the estate into court did not fix “the rights and liabilities of all the parties,” K.S.A. 60-721(a), and, therefore, did not constitute a final, appealable judgment.”
— K.S.A. § 60-721(a)(3) — 1 case
LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc., 152 P.3d 34 (Kan. 2007).
“K.S.A. 60-721(a)(3), (4). If a garnishee bank holds funds in two or more accounts owed to the judgment debtor, the bank may pay the garnishment judgment from any one or more of these accounts.”
— K.S.A. § 60-721(a)(4) — 1 case
Associated Wholesale Grocers, Inc. v. Americold Corp., 270 P.3d 1074 (Kan. 2011).
“See K.S.A. 60-721(a)(4) (in garnishment proceeding court can render judgment against garnishee for amount of indebtedness to the defendant or value of defendant’s property held by garnishee).”
— K.S.A. § 60-721(a)(5) — 3 cases
Sours v. Russell, 967 P.2d 348 (Kan. Ct. App. 1998).
“40-256 and instead granted fees to American States pursuant to K.S.A. 60-721. Sours appeals. K.S.A. 40-256 provides: “[I]n all actions hereafter commenced, in which judgment is rendered against any insurance company .”
Vanover v. Vanover, 987 P.2d 1105 (Kan. Ct. App. 1999).
“) Based on Bollinger , Edward argues that the only authority for awarding attorney fees in a garnishment is K.S.A. 1998 Supp. 60-721(a)(5), which allows attorney fees to a garnishee owner.”
— K.S.A. § 60-721(b) — 2 cases
In Re Raboin, 135 B.R. 682 (Bankr. D. Kan. 1991).
“Raboin obtained a continuing garnishment order in state court pursuant to K.S.A. 60-721(b) which would withhold 55% of the debtor’s net disposable earnings to pay his current obligation and contribute to a reduction of the arrearage.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.