60-734. Order of garnishment when garnishment is to attach earnings; service of process; length of and effect of order; administrative fee; accounting and record.
60-734
60-734. Order of garnishment when garnishment is toattach earnings; service of process; length of and effect of order;administrative fee; accounting and record.Thissection shall apply if thegarnishment is to attachearnings of the judgment debtor.
(a) The order of garnishment shall be substantially in compliance with theforms set forth by the judicial council.
(b) The order of garnishment and the appropriate form for the garnishee'sanswer shall beserved on the garnishee in the same manner as process is to be served pursuantto K.S.A. 60-301 through 60-313, and amendments thereto,except that the garnishee may be served by any means provided under K.S.A.60-301 through 60-313, and amendments thereto, at the garnishee'sbusiness or officelocation and this shall be consideredproper service. A copyof the answer form shall be served if the garnishment order is notserved electronically. If the party having requested the garnishment isnotified by the garnishee that the judgment debtor has never been employed bythe garnishee or the judgment debtor's employment has been terminated, theparty seeking the garnishment shall forthwith file a release with the clerk ofthecourt of such garnishment.
(c) The order of garnishment shall have the effect of attaching the nonexemptportion of thejudgment debtor's earnings for all pay periods which end while the order is ineffect. Theorder shall remain in effect until either of the following occur, whichever issooner:(1) The judgment is paid; or(2) the garnishment is released. The party for whom the garnishment is issuedshall file a release with the clerk of the court upon satisfaction of thejudgment and provide a copy thereof to the defendant and garnishee.Nonexempt earnings are earnings which are not exempt from wage garnishmentpursuant toK.S.A. 60-2310, and amendments thereto. Computation of the nonexempt portion ofthejudgment debtor's wages for the pay period or periods covered by the ordershall be made inaccordance with the directions accompanying the garnishee's answer form, and awrittenexplanation of the garnishee's computations shall be furnished to the judgmentdebtor witheach paycheck from which earnings are withheld pursuant to the order ofgarnishment. Theorder of garnishment shall also constitute an order of the court directing thegarnishee to pay to the judgment creditor all earnings which are to be withheldby the garnishee under theorder of garnishment as more particularly provided in the answer of thegarnishee.
(d) From income due the judgment debtor, the garnishee may withholdand retain to defray the garnishee's costs, an administrative fee of $10 foreach pay period forwhich income is withheld, not to exceed $20 for each 30 day period for whichincome iswithheld, whichever is less. Such administrative fee shall be in addition tothe amount requiredto be withheld under the order for garnishment. If the addition of this feecauses the totalamount withheld to exceed the restrictions imposed by subsection (b) of K.S.A.60-2310, andamendments thereto, the fee shall be deducted from the amount withheld.
(e) For any continuing garnishment, the party having requested thegarnishment shall maintain an accounting and record of the judgment reflectingthereon all garnishment proceeds received and applied, all interest accruedthereon, and any and all credits applied in satisfaction thereof, and theremaining unsatisfied balance of such judgment. The party requesting thegarnishment shall produce a copy of such accounting and record upon request ofthe court.
History: L. 2002, ch. 198, § 7; July 1.