Kansas Procedural Requirements for Wage Garnishment

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Kansas Procedural Requirements

As an aid to the enforcement of a judgment, an order of garnishment may be obtained and shall be issued by the clerk of the court from which execution is issuable, either in connection with an execution or independently thereof as designated by the written direction of the party entitled to enforce the judgment. Such written direction shall designate whether the order of garnishment is to be issued for the purpose of attaching earnings or for the purpose of attaching other property of the judgment debtor. Kan. Statute. Ann. _ 60716.

The order of garnishment shall be served on the garnishee, together with two copies of the form for the garnishee's answer prescribed by _ 60718 and returned by the officer making service in the same manner as an order of attachment. An order of garnishment issued to attach any property, funds, credits or other indebtedness belonging to or owing the defendant, other than for earnings, shall attach (1) all such property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebtedness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee. Kan. Statute. Ann. _ 60717.

The written direction of a party seeking an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall Statutee the amount to be withheld, which shall be 1 1/2 time the amount of judgment. All orders of garnishment issued in this Statutee for the purpose of attaching funds, credits or indebtedness held by a financial institution shall specify the amount of funds, credits or indebtedness to be withheld by the garnishee, which shall be 1 1/2 time the amount of the judgment as Statuteed in the written direction of the party seeking the order.

The forms provided by law shall contain the Statuteements included in paragraphs (c) and (d). If the garnishee hold funds or credits or is indebted to the defendant in two or more accounts, the garnishee may withhold payment of the amount attached from any one or more of such accounts. No party shall seek an order of garnishment attaching fund, credits, or indebtedness held by a financial institution except on good faith belief of the party seeking the garnishment that the party to be served with the garnishment order has, or will have assets of the judgment debtor.

Except as ordered by a judge, not more than two garnishments shall be issued by a party seeking an order of garnishment applicable to the same claim or claims and against the same judgment debtor in any 30-day period. Kan. Statute. Ann. _ 60726. Note: Rules vary slightly for "limited actions" (actions where the amount in controversy or otherwise claimed as damages, excluding costs and interest, does not exceed $5,000.). See Chapter 61 (Kan. Statute. Ann. _ 61101, et seq.).


Interest Rate at which Judgments Accrue

Judgments bear interest at 8% until July 1, 1980. Judgments rendered or unpaid thereafter bear interest at 12% until July 1, 1982. Judgments rendered or unpaid thereafter and before July 1, 1986 bear interest at 15%. After July 1, 1986, post judgment rate will be 4% above federal discount rate as of July 1 preceding date of judgment.

The rate of interest on judgments rendered pursuant to the code of civil procedure for limited actions shall be 12% per annum. Kan. Statute. Ann. 16204. Where judgment founded on contract specifying different rate, contract rate controls. Kan. Statute. Ann. 16205. Applicable Forms Kan. Statute. Ann. _ 60717. Kan. Statute. Ann. _ 60718. Kan. Statute. Ann. _ 60726(c) & (d)