Kansas Statutes Annotated

K.S.A. § 61-2008 (2026)

✓ current as of May 2026
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61-2008.

History: L. 1969, ch. 290, § 61-2008; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.

CASE ANNOTATIONS

1. Error to permit tenants to assert as defense landlord's failure to deliver timely notice of damages under K.S.A. 58-2550. Asbury v. Mauk, 9 Kan. App. 2d 699, 702, 687 P.2d 31 (1984).

2. Default judgment as acquiescence where garnishment contested, social security and veteran's disability benefits as exempt from garnishment examined. Younger v. Mitchell, 245 Kan. 204, 207, 777 P.2d 789 (1989).


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Notes of Decisions
Cited in 2 cases, 1984–1989 · leading case: Younger v. Mitchell, 777 P.2d 789 (Kan. 1989).
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Younger v. Mitchell, 777 P.2d 789 (Kan. 1989). · cites it 2× “Mitchell protested garnishment of those funds from the beginning, as he was entitled to do under K.S.A. 61-2008(c). Hence, Mitchell’s receipt of part of the account balance cannot be considered the sort of acquiescence that would preclude this appeal.”
Asbury v. Mauk, 687 P.2d 31 (Kan. Ct. App. 1984). · cites it 2× “K.S.A. 61-2008(c) delineates the scope of the defenses available to the judgment debtor in a garnishment proceeding prosecuted in a case brought under our Code of Civil Procedure for Limited Actions.”
— K.S.A. § 61-2008(c) — 2 cases
Younger v. Mitchell, 777 P.2d 789 (Kan. 1989). “Mitchell protested garnishment of those funds from the beginning, as he was entitled to do under K.S.A. 61-2008(c). Hence, Mitchell’s receipt of part of the account balance cannot be considered the sort of acquiescence that would preclude this appeal.”
Asbury v. Mauk, 687 P.2d 31 (Kan. Ct. App. 1984). “K.S.A. 61-2008(c) delineates the scope of the defenses available to the judgment debtor in a garnishment proceeding prosecuted in a case brought under our Code of Civil Procedure for Limited Actions.”
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