61-3505. Order of garnishment, other than earnings.
61-3505
61-3505. Order of garnishment, other thanearnings.Thissection shall apply ifthe garnishment isto attach intangible property other than earnings of the judgment debtor.
(a) 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 pursuanttoK.S.A. 61-3001 through 61-3006, and amendments thereto,except that the garnishee may be served by any means provided underK.S.A. 61-3001 through 61-3006, and amendments thereto, at thegarnishee'sbusiness or officelocation and this shall be considered proper service. A copy of theanswer form shall be served if the garnishmentorder is notserved electronically.If the order is served prior to a judgment, the order shall also be served onthe judgmentdebtor, if the judgment debtor can be found, except that the order shall not beserved on thejudgment debtor until after service has been made on the garnishee. Failure toserve thejudgment debtor shall not relieve the garnishee from liability under the order.
(b) The order of garnishment shall have the effect ofattaching:
(1) Allintangible property, funds, creditsor other indebtedness belonging to or owing the judgment debtor, other thanearnings, whichis in the possession or under the control of the garnishee, and all suchcredits and indebtednessdue from the garnishee to the judgment debtor at the time of service of theorder; and
(2) allsuch personal property coming into the possession or control of the garnisheeand belongingto the judgment debtor, and all such credits and indebtedness becoming due tothe judgmentdebtor between the time the order is served on the garnishee and the time thegarnishee makesthe answer of the garnishee. Where the garnishee is an executor oradministrator of an estatein which the judgment debtor is or may become a legatee or distributee thereof,the order ofgarnishment shall have the effect of attaching and creating a first and priorlien upon anyproperty or funds of such estate to which the judgment debtor is entitled upondistribution ofthe estate, and such garnishee shall be prohibited from paying over to thejudgment debtor anyof such property or funds until so ordered by the court from which the order ofgarnishmentwas issued.
(c) The garnishee, without prior agreement, may withholdand retain to defraythe garnishee'scosts, an administrative fee of $10 for each order of garnishment that attachesfunds, creditsor indebtedness. Such administrative fee shall be in addition to the amountrequired to be withheld under the order for garnishment, except that if theamount required to be withheldunder the order for garnishment is greater than the amount of the funds,credits orindebtedness held by the garnishee, the fee shall be deducted from the amountwithheld.
History: L. 2000, ch. 161, § 50;L. 2002, ch. 157, § 7; July 1.