61-3504.
When garnishment available 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. 2000, ch. 161, § 49; L. 2010, ch. 135, § 208; July 1.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2012–2024 · leading case:
Master Fin. Co. v. Pollard, 283 P.3d 817 (Kan. Ct. App. 2012).
Master Fin. Co. v. Pollard, 283 P.3d 817 (Kan. Ct. App. 2012).
“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.”
M & I Marshall & Ilsley Bank v. Higdon, 556 P.3d 498 (Kan. 2024).
“"); K.S.A. 2023 Supp. 61-3504(a) (same); Restatement (First) of Conflict of Laws § 600 ("The law of the forum determines matters pertaining to the execution of a judgment, and what property of a judgment defendant within the state is exempt from execution and on what property…”
Mainland Inv. Grp. v. Smith (Kan. Ct. App. 2017).
· cites it 2× “K.S.A. 2016 Supp. 61-3504(a). As it applies to this case, such an order allows the judgment creditor to seize wages of the judgment debtor from his or her employer—the garnishee—to satisfy the judgment.”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
· cites it 2× “See K.S.A. 2019 Supp. 61-3504(a). Garnishment is defined as the procedure in which "the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.”
Stormont-Vail Hosp. v. Imler, 330 P.3d 1124 (Kan. Ct. App. 2014).
· cites it 3× “Moreover, as the Hospital suggests, its collection rights under K.S.A. 2013 Supp. 61-3504 (garnishment) and K.”
— K.S.A. § 61-3504(1) — 1 case
Master Fin. Co. v. Pollard, 283 P.3d 817 (Kan. Ct. App. 2012).
“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.”
— K.S.A. § 61-3504(a) — 4 cases
M & I Marshall & Ilsley Bank v. Higdon, 556 P.3d 498 (Kan. 2024).
“"); K.S.A. 2023 Supp. 61-3504(a) (same); Restatement (First) of Conflict of Laws § 600 ("The law of the forum determines matters pertaining to the execution of a judgment, and what property of a judgment defendant within the state is exempt from execution and on what property…”
Mainland Inv. Grp. v. Smith (Kan. Ct. App. 2017).
“K.S.A. 2016 Supp. 61-3504(a). As it applies to this case, such an order allows the judgment creditor to seize wages of the judgment debtor from his or her employer—the garnishee—to satisfy the judgment.”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 61-3504(a). Garnishment is defined as the procedure in which "the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.”
Stormont-Vail Hosp. v. Imler, 330 P.3d 1124 (Kan. Ct. App. 2014).
“Moreover, as the Hospital suggests, its collection rights under K.S.A. 2013 Supp. 61-3504 (garnishment) and K.”
— K.S.A. § 61-3504(b) — 2 cases
Mainland Inv. Grp. v. Smith (Kan. Ct. App. 2017).
“K.S.A. 2016 Supp. 61-3504(a). As it applies to this case, such an order allows the judgment creditor to seize wages of the judgment debtor from his or her employer—the garnishee—to satisfy the judgment.”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 61-3504(a). Garnishment is defined as the procedure in which "the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.”
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