K.S.A. » Chapter 60

K.S.A. § 60-731

When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required after judgment

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60-731. When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required after judgment. (a) As an aid to the collection of a judgment, an order of garnishment may be obtained at any time after 14 days following judgment. There is no requirement that an execution first be issued and returned unsatisfied.

(b) The party requesting a garnishment shall file a request in an individual case or by a master request covering more than one case asking the court to issue an order of garnishment. The request shall designate whether the order of garnishment is to be issued to attach earnings or to attach other property of the judgment debtor. If such party seeks to attach earnings of the judgment debtor to enforce:

(1) An order of any court for the support of any person;

(2) an order of any court of bankruptcy under chapter 13 of the United States bankruptcy code; or

(3) a debt due for any state or federal tax, the direction of the party shall so indicate.

No bond is required for an order of garnishment issued after judgment.

History: L. 2002, ch. 198, § 4; L. 2010, ch. 135, § 161; July 1.

CASE ANNOTATIONS

1. A judgment creditor may seek to enforce an award through garnishment proceedings, regardless of whether an appeal has been filed challenging the underlying award. State v. Jamerson, 54 Kan. App. 2d 312, 316, 399 P.3d 246 (2017).


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Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2007–2025 · leading case: In re Marriage of Williams
Sort: Relevance Newest Treatment
In re Marriage of Williams (2018) kan “" Her motion stated, "I was awarded in the divorce 25% of his retirement by the State of Kansas. ... He is not willing to give me any of the money that I was awarded.”
LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc. (2007) kan · cites it 2× “See K.S.A. 60-731 and 60-733(g). In this situation, there are three key persons involved: A judgment creditor (garnishor), in this case LSF, which is owed money by the judgment debtor; the judgment debtor, in this case Polaris, which owes money to the judgment creditor; and the…”
Uhlmann v. Richardson (2012) kanctapp “See K.S.A. 60-731, 60-733. If the judgment debtor earns wages, those wages can be garnished—subject to statutory limits on wage garnishments.”
Master Finance Co. v. Pollard (2012) kanctapp “See K.S.A. 60-731(a); K.S.A. 61-3504(1). Accordingly, a garnishment is not considered a cause of action — it is considered an ancillary or auxiliary proceeding.”
State v. Jamerson (2017) kanctapp · cites it 3× “K.S.A. 2016 Supp. 60-731(a). This is true regardless of whether an appeal has been filed challenging the underlying award.”
State v. Smith (2025) kanctapp · cites it 2× “Under K.S.A. 2023 Supp. 60-731(a), a garnishment order cannot be entered on the same day the judgment underlying the garnishment order is entered.”
Gruver Construction v. Dunning (2020) kanctapp “See K.S.A. 2019 Supp. 60-731. Here, the funds were held by a financial institution—the First National Bank of Hutchinson.”
J.J. v. D.N. (2021) kanctapp “2020 Supp. 60-733 (funds in a financial institution); K.”
KDL, Inc. v. Singh, LLC (2019) kanctapp “K.S.A. 2018 Supp. 60-731(a). Garnishment is not a cause of action but is considered an ancillary or auxiliary proceeding.”
Carson v. Kramer & Frank, P.C. (2021) ksd “60-733 (garnishment of funds held by financial institution); K.S.A. 60-734 (attachment of earnings); K.”
— K.S.A. § 60-731(a) — 5 cases
Master Finance Co. v. Pollard (2012) kanctapp “See K.S.A. 60-731(a); K.S.A. 61-3504(1). Accordingly, a garnishment is not considered a cause of action — it is considered an ancillary or auxiliary proceeding.”
State v. Jamerson (2017) kanctapp “K.S.A. 2016 Supp. 60-731(a). This is true regardless of whether an appeal has been filed challenging the underlying award.”
J.J. v. D.N. (2021) kanctapp “2020 Supp. 60-733 (funds in a financial institution); K.”
KDL, Inc. v. Singh, LLC (2019) kanctapp “K.S.A. 2018 Supp. 60-731(a). Garnishment is not a cause of action but is considered an ancillary or auxiliary proceeding.”
State v. Smith (2025) kanctapp “Under K.S.A. 2023 Supp. 60-731(a), a garnishment order cannot be entered on the same day the judgment underlying the garnishment order is entered.”
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