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Kansas Statutes Annotated

K.S.A. § 60-741 (2026)

Failure to answer; motion; hearing; expenses and attorney fees

✓ current as of May 2026
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60-741. Failure to answer; motion; hearing; expenses and attorney fees. If the garnishee fails to answer within the time and manner specified in the order of garnishment, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 60-205, and amendments thereto. At the hearing on the motion, the court may grant judgment against the garnishee for the amount of the judgment creditor's judgment or claim against the judgment debtor or for such other amount as the court deems reasonable and proper, and for the expenses and attorney fees of the judgment creditor. If the claim of the plaintiff has not been reduced to judgment, the liability of the garnishee shall be limited to the judgment ultimately rendered against the judgment debtor.

History: L. 2002, ch. 198, § 14; July 1.


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Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1937–2025 · leading case: Hasty v. Bays, 66 P.2d 265 (Kan. 1937).
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Hasty v. Bays, 66 P.2d 265 (Kan. 1937). · cites it 2× “) Section 60-741 of the General Statutes of 1935 specifically puts the ruling on a motion to separately state and number causes of action or defense in the discretion of the court or judge, and provides that the court or judge may require the pleading to be made definite and…”
Lawrence v. Do (D. Kan. 2022). · cites it 4× “If the garnishee fails to answer as required, the judgment creditor may file a motion, and the court “may grant judgment against the garnishee for the amount of the judgment creditor’s judgment … or for such other amount as the court deems reasonable and proper,” and for…”
Brown v. Am. Home Prods. Corp., 520 F. Supp. 1120 (D. Kan. 1981). · cites it 2× “Section 60-741, Subpart B, contains regulations concerning the complaint procedure and enforcement of the affirmative action clause.”
Auto. Credit Corp. v. Walley, 444 P.3d 1014 (Kan. Ct. App. 2019). · cites it 2× “See K.S.A. 60-741. Automotive Credit sent the first garnishment order to the Clinic in December 2017.”
In re Berry v. DeWald garnishment (D. Kan. 2025). · cites it 2× “Plaintiff also relies on K.S.A. § 60-741 in seeking default. Even if the Court were inclined to apply that state statute concerning default (it is not, as default presents a matter of procedure), default judgment is not mandatory under that statute, as plaintiff suggests;…”
Mayfield v. Hesston Mfg. Co., 365 P.2d 1107 (Kan. 1961). · cites it 2× “It is also sometimes interesting to compare the language of our section 60-741 with the language describing a motion to make definite under the federal rules in Rule 12 (e).”
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.