K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-738 (2026)

Reply; notification and hearing; burden of proof

✓ current as of May 2026
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60-738. Reply; notification and hearing; burden of proof. (a) No later than 14 days after the garnishee makes the answer and sends it to the judgment creditor and judgment debtor, the judgment creditor or judgment debtor, or both, may file a reply disputing any statement in the answer of the garnishee. A copy of the reply shall be sent by the party filing same to the other party, to any other judgment creditors affected and to the garnishee. The party filing the reply shall notify the court and schedule a hearing on the reply to be held within 30 days after filing of the reply.

(b) At the hearing, the court shall determine and rule on all issues related to the reply. The burden of proof shall be upon the party filing the reply to disprove the statements of the answer, except that the garnishee shall have the burden of proving offsets or indebtedness claimed to be due from the judgment debtor to the garnishee, or liens asserted by the garnishee against personal property of the judgment debtor. The provisions of K.S.A. 60-719, and amendments thereto, relating to offsets claimed by the garnishee shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.

History: L. 2002, ch. 198, § 11; L. 2010, ch. 135, § 164; L. 2012, ch. 68, § 3; July 1.

CASE ANNOTATIONS

1. Testimony alone insufficient to prove assignment of ownership of funds in bank account. LSF Franchise REO I v. Emporia Restaurants, Inc., 283 Kan. 13, 42, 152 P.3d 34 (2007).


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www.ksrevisor.gov 2026
Notes of Decisions
Cited in 5 cases, 2007–2019 · leading case: Geer v. Eby, 432 P.3d 1001 (Kan. 2019).
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Geer v. Eby, 432 P.3d 1001 (Kan. 2019). “K.S.A. 2017 Supp. 60-738(b). When a garnishee is an insurer of a judgment debtor, the garnishee-insurer has the burden to prove any affirmative policy defense.”
LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc., 152 P.3d 34 (Kan. 2007). “K.S.A. 60-738. K.S.A. 60-733(f), not involved in this case, authorizes any joint tenant to prove that any of the funds in question do not belong to the judgment debtor.”
Brockmann v. Bd. Of Cnty. Commissioners, 404 F. App'x 271 (10th Cir. 2010). · cites it 2× “See Kan. Stat. Ann. § 60-738 (a) (2002) (amended 2010).”
Liberty Bank, F.S.B. v. D.J. Christie, Inc., 681 F. App'x 664 (10th Cir. 2017). “” Kan. Stat. Ann. § 60-738 (b). This is precisely what occurred here.”
Gruber v. Est. of Marshall, 229 F. Supp. 3d 1245 (2017). “Kan. Stat. Ann. § 60-738 (a) authorized the Gruber Estate to file “a reply disputing any statement in the answer of the garnishee” within “14 days after the garnishee makes the answer and sends it to the judgment creditor and judgment debtor.”
— K.S.A. § 60-738(b) — 1 case
Geer v. Eby, 432 P.3d 1001 (Kan. 2019). “K.S.A. 2017 Supp. 60-738(b). When a garnishee is an insurer of a judgment debtor, the garnishee-insurer has the burden to prove any affirmative policy defense.”
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