61-3508.
Notice to judgment debtor; hearing on claim of exemption.
(a) Immediately following the time the order of garnishment is served on the garnishee, the party seeking the garnishment shall send a notice to the judgment debtor in any reasonable manner, notifying the judgment debtor:
(1) That a garnishment order has been issued against the judgment debtor and the effect of such order;
(2) of the judgment debtor's right to assert any claim of exemption allowed under the law with respect to a garnishment against property other than earnings or of the judgment debtor's right to object to the calculation of exempt and nonexempt earnings with respect to a garnishment against the earnings of the debtor; and
(3) of the judgment debtor's right to a hearing on such claim or objection. The notice shall contain a description of the exemptions that are applicable to garnishments and the procedure by which the judgment debtor can assert any claim of exemption.
(b) If the judgment debtor requests a hearing to assert any claim of exemption, the request shall be filed no later than 14 days following the date the notice is served on the judgment debtor. If a hearing is requested, the hearing shall be held by the court no sooner than seven days nor later than 14 days after the request is filed. At the time the request for hearing is filed, the judgment debtor shall obtain from the clerk or court the date and time for the hearing which shall be noted on the request form. Immediately after the request for hearing is filed, the judgment debtor shall hand-deliver to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, or mail to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, by first-class mail at the party seeking the garnishment or such party's attorney's last known address, a copy of the request for hearing.
(c) If a hearing is held, the judgment debtor shall have the burden of proof to show that some or all of the property subject to the garnishment is exempt, and the court shall enter an order determining the exemption and such other order or orders as is appropriate.
History:
L. 2000, ch. 161, § 53; L. 2002, ch. 157, § 9; L. 2010, ch. 135, § 209; July 1.
Notes of Decisions
Cited in
4
cases, 2008–2020 · leading case:
Dillon Co. v. Davis, 181 P.3d 570 (Kan. Ct. App. 2008).
Dillon Co. v. Davis, 181 P.3d 570 (Kan. Ct. App. 2008).
· cites it 2× “But there is no record that a notice of his right to object to the garnishment was sent to him as required by K.S.A. 61-3508(a). Instead, it appears that Dillon’s sent the notice to the correctional facility, and the correctional facility then told Davis about it.”
Master Fin. Co. v. Pollard, 283 P.3d 817 (Kan. Ct. App. 2012).
“” See also K.S.A. 61-3508(c) (containing identical provisions under the Code of Civil Procedure for Limited Actions).”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
· cites it 3× “K.S.A. 2019 Supp. 61-3508(a). The judgment debtor must request the hearing within 14 days after receiving notice from the judgment creditor.”
Mainland Inv. Grp. v. Smith (Kan. Ct. App. 2017).
“K.S.A. 2016 Supp. 61-3508. If the judgment creditor is notified by the garnishee that the judgment debtor has never been employed by the garnishee or has been terminated, the judgment creditor is required to "forthwith" file a release of the garnishment.”
— K.S.A. § 61-3508(a) — 2 cases
Dillon Co. v. Davis, 181 P.3d 570 (Kan. Ct. App. 2008).
“But there is no record that a notice of his right to object to the garnishment was sent to him as required by K.S.A. 61-3508(a). Instead, it appears that Dillon’s sent the notice to the correctional facility, and the correctional facility then told Davis about it.”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
“K.S.A. 2019 Supp. 61-3508(a). The judgment debtor must request the hearing within 14 days after receiving notice from the judgment creditor.”
— K.S.A. § 61-3508(b) — 1 case
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
“K.S.A. 2019 Supp. 61-3508(a). The judgment debtor must request the hearing within 14 days after receiving notice from the judgment creditor.”
— K.S.A. § 61-3508(c) — 2 cases
Master Fin. Co. v. Pollard, 283 P.3d 817 (Kan. Ct. App. 2012).
“” See also K.S.A. 61-3508(c) (containing identical provisions under the Code of Civil Procedure for Limited Actions).”
Stormont-Vail Healthcare v. Sievers (Kan. Ct. App. 2020).
“K.S.A. 2019 Supp. 61-3508(a). The judgment debtor must request the hearing within 14 days after receiving notice from the judgment creditor.”
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