Kansas Bill # 2371

Session of 1999
HOUSE BILL No. 2371 By Committee on Judiciary 2-10

9 AN ACT concerning the code of civil procedure; relating to garnishment;
10 orders; answers of garnishee; forms; amending K.S.A. 60-717 and 60-
11 718 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 60-717 is hereby amended to read as follows: 60-
15 717. (a) Form. (1) An order of garnishment, issued independently of an
16 attachment, either prior to judgment or as an aid for the enforcement of
17 a judgment, for the purpose of attaching any property, funds, credits or
18 indebtedness belonging to or owing the defendant, other than earnings,
19 is declared to be sufficient if substantially in the following form:
20 "In the District Court of ________ County, Kansas, A. B., Plaintiff, vs. C. D., De-
21 fendant, and E. F., Garnishee. The State of Kansas to the Garnishee: You are hereby ordered
22 as a garnishee to file with the clerk of the above named court, within 10 days after service
23 of this order upon you, your answer under oath stating whether you are at the time of the
24 service of this order upon you, and also whether at any time thereafter but before you sign
25 your answer, indebted to the defendant, or have in your possession or control any property
26 belonging to the defendant, excluding earnings (compensation for personal services, whether
27 denominated as wages, salary, commission, bonus or otherwise) due and owing the defend-
28 ant and stating the amount of any such indebtedness and description of any such property.
29 For the purpose of this order, if you are, at the time this order is served upon you, an
30 executor or administrator of an estate containing property or funds to which defendant is
31 or may become entitled as a legatee or distributee of the estate upon its distribution, you
32 are deemed to be indebted to the defendant to the extent of such property or funds. You
33 are further ordered to withhold the payment of any such indebtedness, or the delivery away
34 from yourself of any such property, until the further order of the court. Your answer on the
35 form served herewith shall constitute substantial compliance with this order.
36 "At the same time you file with the clerk your answer, you shall mail a copy of your
37 answer to the plaintiff, or plaintiff's attorney if represented by an attorney, at the address
38 designated on the answer form.
39 "Failure to file your answer may entitle the plaintiff to judgment against you for the full
40 amount of the claim and costs.
41 "Witness my hand and seal of the court at ________ in this county, this

42 day of ________, 19__,

, Clerk of the court, ________ County."
43 (2) An order of garnishment, issued independently of an attachment

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1 as an aid for the enforcement of a judgment and for the purpose of
2 attaching earnings of the defendant shall include the defendant's address
3 and social security number, if known, the address of the plaintiff's attor-
4 ney and, except as otherwise provided the amount of the plaintiff's claim
5 against the defendant. If the exact amount of the plaintiff's claim is not
6 known, the order of garnishment shall include an approximate amount of
7 the plaintiff's claim against the defendant. It is declared to be sufficient
8 if substantially in the following form:
9 "In the District Court of ________ County, Kansas, A. B., Plaintiff, vs. C. D., De-
10 fendant, and E. F., Garnishee. The State of Kansas to the Garnishee: You are hereby ordered
11 as a garnishee to file with the clerk of the above named court, within 40 days after service
12 of this order upon you, your answer under oath stating whether you are indebted to the
13 defendant by reason of earnings (compensation for personal services, whether denominated
14 as wages, salary, commission, bonus or otherwise) due and owing the defendant and stating
15 the amount of any such indebtedness. Computation of the amount of your indebtedness
16 shall be made as prescribed by the answer form served herewith and shall be based upon
17 defendant's earnings for any pay period or periods which end during the 30-day period
18 beginning the day this order is served upon you. You are further ordered to withhold from
19 each payment for earnings due the defendant for any pay period or periods ending during
20 such 30-day period the payment of that portion of defendant's earnings required to be
21 withheld pursuant to the directions accompanying the answer form until the further order
22 of the court. If you do not receive an order of the court to dispose of earnings withheld
23 from the defendant within 60 days from the date your answer is filed, and your answer is
24 not contested by the plaintiff, you may petition the court for an order allowing you to return
25 withheld funds to the defendant. Your answer on the form shall constitute substantial com-
26 pliance with this order.

27	Defendant	Plaintiff's attorney
28	Address	Address
29

30 Social Security #, if known ______________
31

Amount of claim ______

32 "At the same time you file with the clerk your answer, you shall mail a copy of your
33 answer to the plaintiff, or plaintiff's attorney if represented by an attorney, at the address
34 designated on the answer form.
35 "Failure to file your answer may entitle the plaintiff to judgment against you for the full
36 amount of the claim and costs.
37 "Witness my hand and seal of the court at ________ in this county, this

38 day of ________, 19__, ________, Clerk of the court, ________ County."
39 If such order of garnishment is issued at the written direction of the
40 party entitled to enforce the judgment, pursuant to K.S.A. 60-716, and
41 amendments thereto, to enforce (1) an order of any court for the support
42 of any person, (2) an order of any court of bankruptcy under chapter XIII
43 of the federal bankruptcy act or (3) a debt due for any state or federal
44 tax, the clerk of the district court shall cause such purpose to be clearly

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1 stated on the order of garnishment and the accompanying garnishee's
2 answer form immediately below the caption. If the garnishment is to
3 enforce a court order for the support of any person, the garnishment shall
4 not exceed 50% of an individual's disposable earnings unless the person
5 seeking the garnishment specifies to the garnishee a greater percent to
6 be withheld, as authorized by subsection (g) of K.S.A. 60-2310 and
7 amendments thereto.
8 From earnings due to defendant, the garnishee may withhold and re-
9 tain to defray the garnishee's expenses an administrative fee of $10 for
10 each pay period in which earnings are withheld, not to exceed $20 for
11 each month in which earnings are withheld. If addition of this fee causes
12 the total amount withheld to exceed the restrictions imposed by subsec-
13 tion (b) K.S.A. 60-2310, and amendments thereto, the fee shall be de-
14 ducted from the amount withheld.
15 (b) Service and return. The order of garnishment shall be served on
16 the garnishee, together with two copies of the form for the garnishee's
17 answer prescribed in K.S.A. 60-718 and amendments thereto and re-
18 turned by the officer making service in the same manner as an order of
19 attachment. If the order is served prior to a judgment on the plaintiff's
20 claim, the order shall also be served on the defendant, if the defendant
21 can be found, but failure to serve the defendant shall not relieve the
22 garnishee from liability under the order.
23 (c) Effect. An order of garnishment issued to attach any property,
24 funds, credits or other indebtedness belonging to or owing the defendant,
25 other than earnings, shall attach (1) all such property of the defendant
26 which is in the possession or under the control of the garnishee, and all
27 such credits and indebtedness due from the garnishee to the defendant
28 at the time of service of the order and (2) all such property coming into
29 the possession or control of the garnishee and belonging to the defendant,
30 and all such credits and indebtedness becoming due to the defendant
31 between the time of the serving of the order of garnishment and the time
32 of the signing of the answer of the garnishee, but if the garnishee is an
33 executor or administrator of an estate and the defendant is or may become
34 a legatee or distributee thereof, the order of garnishment shall attach and
35 create a first and prior lien upon any property or funds of such estate to
36 which the defendant is entitled upon distribution of the estate and the
37 garnishee shall be prohibited from paying to the defendant any of such
38 property or funds until so ordered by the court from which the order of
39 garnishment was issued.
40 An order of garnishment issued for the purpose of attaching earnings
41 of the defendant shall have the effect of attaching the nonexempt portion
42 of the defendant's earnings for any pay period or periods which end dur-
43 ing the 30-day period beginning the date the order is served. Nonexempt

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1 earnings are earnings which are not exempt from wage garnishment pur-
2 suant to K.S.A. 60-2310 and amendments thereto, and computation
3 thereof for any pay period or periods which end during the 30-day period
4 beginning the date the order is served shall be made in accordance with
5 the directions accompanying the garnishee's answer form served with the
6 order of garnishment.
7 New Sec. 2. (a) At the same time the garnishee files the answer with
8 the clerk, the garnishee shall mail a copy of the answer to the plaintiff,
9 or plaintiff's attorney if plaintiff is represented by an attorney, at the
10 address specified on the answer form.
11 (b) The garnishee shall disclose on the answer in a space provided
12 therefor the last known address for the defendant according to the records
13 of the garnishee.
14 (c) If the garnishee's answer indicates that the garnishee is holding
15 funds or property of the defendant pursuant to the garnishment order,
16 the plaintiff shall, within 10 days after the date the copy of the answer is
17 mailed to the plaintiff as provided above in subsection (a), hand-deliver
18 to the defendant or mail to the defendant by first-class mail at the de-
19 fendant's last known address a notice notifying the defendant of the fol-
20 lowing:
21 (1) That a garnishment order has been issued against the defendant
22 and a brief statement as to the effect of such order;
23 (2) of the defendant's right to assert any claim of exemption allowed
24 under the law with respect to the property garnished; and
25 (3) of the defendant's right to a hearing on such claim.
26 The notice shall contain a description of the exemptions that are ap-
27 plicable to garnishments and the procedure by which the judgment
28 debtor can assert any claim of exemption. For purposes of this section,
29 the date the answer is mailed to the plaintiff shall be deemed to be the
30 date the answer is filed with the clerk unless the plaintiff can show a later
31 date.
32 (d) The plaintiff shall file a certificate indicating the manner and date
33 the notice was sent.
34 (e) If the defendant requests a hearing to assert any claim of exemp-
35 tion, the request shall be filed no later than 10 days following the date
36 the notice is served on the defendant. If a hearing is requested, the hear-
37 ing shall be held by the court no sooner than five days nor later than 10
38 days after the request is filed. At the time the request for hearing is filed,
39 the defendant shall obtain from the clerk or court the date and time for
40 the hearing which shall be noted on the request form. Immediately after
41 the request for hearing is filed, the defendant shall hand-deliver to the
42 plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney,
43 or mail to the plaintiff or plaintiff's attorney, if plaintiff is represented by

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1 an attorney, by first-class mail at the plaintiff's, or plaintiff's attorney's,
2 last known address, a copy of the request for hearing.
3 (f) If a hearing is held, the defendant shall have the burden of proof
4 to show that some or all of the property subject to the garnishment is
5 exempt, and the court shall enter an order determining the exemption
6 and such other order or orders as is appropriate.
7 Sec. 3. K.S.A. 60-718 is hereby amended to read as follows: 60-718.
8 (a) Within 10 days after service upon a garnishee of an order of garnish-
9 ment issued to attach any property, funds, credits or indebtedness be-
10 longing to or owing the defendant, other than earnings, the garnishee
11 shall file a verified answer thereto with the clerk of the court, stating the
12 facts with respect to the demands of the order. The answer of the gar-
13 nishee shall be sufficient if substantially in the following form, but the
14 garnishee's answer shall contain not less than that prescribed in the form:
15 ANSWER OF GARNISHEE 16 State of Kansas
17 County of ________
18 ________ being first duly sworn, say that on the ______ day of ________,
19 19__, I was served with an order of garnishment in the above entitled action, that I have
20 not delivered to the defendant ________, any money, personal property, goods, chat-
21 tels, stocks, rights, credits nor evidence of indebtedness belonging to the defendant, other
22 than earnings, since receiving the order of garnishment, and that the following is a true and
23 correct statement:
24 (1) (Money or indebtedness due) I hold money or am indebted to the defendant, other
25 than for earnings due and owing defendant, as of the date of this answer, in the following
26 manner and amounts: ________.
27 (2) (Personal property in possession) I have possession of personal property, goods,
28 chattels, stocks, rights, credits, or effects of the defendant, as of the date of this answer,
29 described and having an estimated value as follows: ____________.
30 (3) (To be answered by garnishee who is an executor or administrator of an estate) I
31 am an ________ (executor or administrator) of the estate of ________ containing
32 funds or property to which defendant is or may become entitled as a ________, (legatee
33 or distributee) and I understand that the order of garnishment shall attach and create a first
34 and prior lien on all such property or funds to which defendant becomes entitled upon
35 distribution of the estate and that I am prohibited from delivering to defendant any such
36 property or funds until further order of the court from which the order of garnishment was
37 issued. The approximate date for distributing the assets of the estate is

, 19__.
38 I will hold the above described moneys or other items in my possession, until the further
39 order of the court.
40 Further, I state that I mailed by first class mail to the plaintiff, or plaintiff's attorney if
41 represented by an attorney, a copy of this answer at the following address:
42 ____________________
43 ____________________

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1 ____________________
2 on the ____ day of ________, 19__.
3

____________________

4 (Signature), Garnishee
5 Subscribed and sworn to before me this ______ day of ________, 19__.
6 INSTRUCTIONS TO GARNISHEE
7 This form is provided for your convenience in furnishing the answer required of you in
8 the order of garnishment. If you do not choose to use this form, your answer, under oath,
9 shall not contain less than that prescribed herein. Your answer must be filed with the clerk
10 of the above-named court within the time prescribed in the order of garnishment.
11 (b) Within 40 days after service upon a garnishee of an order of gar-
12 nishment issued for the purpose of attaching any earnings due and owing
13 the defendant, the garnishee shall file an answer thereto with the clerk
14 of the court, stating the facts with respect to the demands of the order.
15 If the defendant is not employed by the garnishee or has terminated
16 employment with the garnishee, the answer is not required to be verified.
17 Otherwise, the answer shall be verified. The answer of the garnishee is
18 declared to be sufficient if substantially in the following form, but the
19 garnishee's answer shall contain not less than that prescribed in the form:
20 ANSWER OF GARNISHEE 21 The defendant

22 Terminated employment on ____________ [ ] Check
23 (date)
24

one

25 Was never employed ________ [ ]

26 (Signature) Garnishee
27 If one of the above applies, you are not required to complete the remainder of this form
28 and it is not required to be verified. You must return the form within the time prescribed
29 in the order of garnishment.
30 If neither of the above applies, you must complete the remainder of this form and have
31 it verified.
32

33 State of Kansas
34 County of ________
35 ________, being first duly sworn, say that on the ______ day of ________,
36 19__, I was served with an order of garnishment in the above entitled action, that since
37 being served with said order I have delivered to the defendant ________, only that
38 portion of the defendant's earnings authorized to be delivered to the defendant pursuant to
39 the instructions accompanying this form and that the statements in my answer are true and
40 correct.
41 INSTRUCTIONS TO GARNISHEE
42 The order of garnishment served upon you has the effect of attaching any pay period or
43 periods which end during the 30-day period beginning on the day you are served with the
44 order of garnishment for that portion of the defendant's earnings (defined as compensation

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1 for personal services, whether denominated as wages, salary, commission, bonus or other-
2 wise) which is not exempt from wage garnishment. This form is provided for your conven-
3 ience in furnishing the answer required of you in the order. It is designed so that you may
4 prepare your answer in conjunction with the preparation of your payroll. Wait until the end
5 of the pay period or periods which end during the 30-day period beginning on the day you
6 are served with the order of garnishment and apply the tests set forth in these instructions
7 to the earnings of the defendant-employee during the 30-day period, completing your an-
8 swer in accordance with these instructions. If you do not choose to use this form, your
9 answer, under oath, shall not contain less than that prescribed herein. Your answer must be
10 filed with the clerk of the above-named court within the time prescribed in the order of
11 garnishment.
12 First, furnish the information required by paragraphs (a) through (f) of the form below.
13 Read carefully the "Note to Garnishee" following paragraph (f). Then, if the total amount
14 of the defendant-employee's disposable earnings are not exempt from wage garnishment,
15 complete paragraphs (g), (h), (i) and (j) of the form by computing the amount of defendant-
16 employee's disposable earnings which are to be paid over to the defendant-employee by
17 using the following table:
18 I. On and after April 1, 1991, if the defendant-employee's disposable earnings are less
19 than
20 $127.50 for a Weekly pay period
21 $255.00 for a Biweekly pay period
22 $276.25 for a Semimonthly pay period
23 $552.50 for a Monthly pay period
24 Pay the defendant-employee as if the employee's pay check were not garnished.
25 II. On and after April 1, 1991, if the defendant-employee's disposable earnings are
26 $127.50 to $170.00 for a Weekly pay period
27

pay the defendant-employee $127.50

28 $255.00 to $340.00 for a Biweekly pay period
29

pay the defendant-employee $255.00

30 $276.25 to $368.33 for a Semimonthly pay period
31

pay the defendant-employee $276.25

32 $552.50 to $736.67 for a Monthly pay period
33

pay the defendant-employee $552.50

34 Any disposable earnings remaining after payment of the above amounts shall be retained
35 until further order of the court.
36 III. On and after April 1, 1991, if the defendant-employee's disposable earnings are
37 more than
38 $170.00 for a Weekly pay period
39

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

41 $340.00 for a Biweekly pay period
42

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

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1 $368.33 for a Semimonthly pay period
2

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

4 $736.67 for a Monthly pay period
5

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

7 Any disposable earnings remaining after payment of the above amounts shall be retained
8 until further order of the court.
9 IV. SUPPORT ORDERS. If the person seeking the garnishment for court ordered
10 support desires to garnish more than 50% of disposable earnings, that person may request
11 in writing to the clerk of the court to check one of the below applicable percentages:
12 55% Employee also supports a spouse or dependent child not covered by this support
13 order and payments are 12 weeks overdue.
14 60% Employee does not support a spouse or dependent child and payments are not 12
15 weeks overdue.
16 65% Employee does not support a spouse or dependent child and payments are 12
17 weeks overdue.
18 STATEMENT OF GARNISHEE
19 (a) The normal pay period for defendant is weekly ____ every two weeks

20 semimonthly ____ monthly ____ (designate one).
21 (b) This answer covers earnings for the pay period or periods beginning on the

22 day of ________, 19__, and ending on the ____ day of ________, 19__,
23 which period includes the day on which the order of garnishment was served upon me.

24	(c)Total gross earnings due for the pay period or periods covered by(b) are		$
25	(d)Average gross earnings for normal pay period as designated in (a)		$

26 (e) Amounts required by law to be withheld for the pay period or periods covered by
27 (b) are:

28	(1)Federal social security tax	$
29	(2)Federal income tax	$
30	(3)State income tax	$
31	(4)Railroad retirement tax	$
32	Total	$

33 (Deduct only those items listed above)

(f)Disposable earnings for the pay period or periods covered by (b)are (subtract (e) from (c))

35 Note to Garnishee: If the order of garnishment states at the top of the order that it is
36 issued to enforce (1) an order of any court of bankruptcy under chapter XIII of the federal
37 bankruptcy act or (2) a debt due for any state or federal tax, you must retain in your pos-
38 session until further order of the court all of the disposable earnings shown in (f) for any
39 pay period or periods ending during the 30-day period covered by the order of garnishment.
40 If the order of garnishment states at the top of the order that it is issued to enforce an order
41 of any court for the support of any person, you must retain in your possession until further

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1 order of the court 50% of the disposable earnings for any pay period or periods ending
2 during the 30-day period covered by the order shown in (f), or such greater percentage as
3 may be indicated in paragraph IV. If the order of garnishment is not issued for any of such
4 purposes, compute the amount of earnings which may be paid to defendant pursuant to the
5 instructions accompanying this form and furnish the information required by (g), (h), (i), (j)
6 and (k).

7	(g)I am subtracting from the disposable earnings in (f) an amountsubject to an income withholding order for support	$
8	(h)In accordance with the instructions accompanying this answerform, I have determined that the amount which may be paid to defendantis	$
9	(i)I am withholding from the amount in (h) an administrative fee inthe amount of	$
10	(j)After paying to defendant the amount stated in (h) less the ad-ministrative fee in (i), I am holding the remainder of defendant's dispos-able earnings in the amount of	$

11 (k) If the amount in (j) exceeds the amount of the plaintiff's claim as found in the order
12 for garnishment, I am holding only the amount of the claim and paying the difference to
13 the defendant:

14	Available disposable earnings from (j)	$
15	Amount of claim	$
16	Difference paid to the defendant in addition to amount shown in (g)	$

17 I will hold in my possession until further order of the court all of the moneys required
18 herein to be withheld.
19 Further, I state that I mailed by first class mail to the plaintiff, or plaintiff's attorney if
20 represented by an attorney, a copy of this answer at the following address:
21 ____________________
22 ____________________
23 ____________________
24 on the ______ day of ________, 19__.
25

____________________

26 (Signature), Garnishee
27 Subscribed and sworn to before me this ____ day of ________, 19__.
28 Answer of garnishee must be filed with the clerk of this court pursuant to Kansas law.
29 (c) The clerk shall cause a copy of the answer to be mailed promptly
30 to the plaintiff and the defendant. Within 10 days after the filing of the
31 answer the plaintiff or the defendant or both of them may reply thereto
32 controverting any statement in the answer. If the garnishee fails to answer
33 within the time and manner herein specified, the court may grant judg-
34 ment against garnishee for the amount of the plaintiff's judgment or claim
35 against the defendant, but if the claim of the plaintiff has not been re-
36 duced to judgment, the liability of the garnishee shall be limited to the
37 judgment ultimately rendered against the defendant. Such judgments

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1 may be taken only upon written motion and notice given in accordance
2 with K.S.A. 60-206 and amendments thereto. Notwithstanding the fore-
3 going, if the garnishee is a public officer for the state or any instrumen-
4 tality thereof and the indebtedness sought by plaintiff to be withheld from
5 defendant is an indebtedness to defendant incurred by or on behalf of
6 the state or any instrumentality thereof, judgment against the state or
7 such instrumentality shall be limited to an amount for claim and costs not
8 exceeding the total amount of the indebtedness of the state or instru-
9 mentality thereof to defendant. If the garnishee answers as required
10 herein and no reply thereto is filed within 10 days, the allegations of the
11 answer are deemed to be confessed. If a reply is filed as herein provided,
12 the court shall try the issues joined, the burden being upon the party
13 filing the reply to disprove the sworn statements of the answer, except
14 that the garnishee shall have the burden of proving offsets or indebted-
15 ness claimed to be due from the defendant to the garnishee, or liens
16 asserted by the garnishee against property of the defendant.
17 Sec. 4. The appendix of forms following K.S.A. 60-269 is hereby
18 amended by adding thereto a new form as follows:
19 Form No. 27. 20 NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH EARNINGS OF
21 DEFENDANT
22 In the District Court of ________ County, Kansas 23 A.B., Plaintiff,
24    v.
25 C. D., Defendant, Case No. ________
26    and
27 E. F., Garnishee
28 TO BE DELIVERED BY THE PLAINTIFF TO THE DEFENDANT BY HAND-DE-
29 LIVERY OR FIRST CLASS MAIL WITHIN 10 DAYS AFTER FILING OF THE GAR-
30 NISHEE'S ANSWER.
31 NOTICE TO DEFENDANT 32 (earnings garnishment) 33
34 You are hereby notified that the court has issued an order in the above case in favor of
35 (name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
36 personal earnings, now in the possession of your employer, be used to satisfy some of your
37 debt to the plaintiff instead of being paid to you. This order was issued to enforce the
38 judgment obtained by the plaintiff against you in this case on (date).
39
40 This order, called a garnishment order, requires your employer to withhold a certain amount
41 from your earnings each pay period until your debt to the plaintiff is satisfied or the order
42 is released by the plaintiff or set aside by the court.
43

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1 The laws of Kansas and the United States provide that you have a right to be paid a certain
2 amount of your personal earnings regardless of the claims of your creditors. In general, this
3 amount is 75% of your earnings after federal and state taxes, social security, and any other
4 deductions required by law are taken out. If the debt is for child support or the support of
5 any other person, the protected amount is less, ranging from 35% to 50%. In addition, if
6 your earnings are less than 30 times the federal minimum hourly wage for each week in the
7 pay period, all of your earnings should be paid to you.
8
9 On each normal payday you should receive a paycheck for the amount your employer cal-
10 culates you are entitled to receive by law. Your employer should furnish you with a written
11 explanation of how the amount of your paycheck was calculated with the check.
12
13 If you believe that too much of your earnings have been withheld from your paycheck, you
14 may request a hearing before this court.
15
16 If you were unable to work at your regular job for two weeks or more because you or a
17 member of your family were sick, your earnings may not be garnished for two months after
18 recovery from such illness. You do not need to ask for a hearing to assert this right if it
19 applies to you. All you need to do is to file an affidavit with the court setting out the facts
20 about the illness and your inability to work. If the garnishment order is not released after
21 you file this affidavit, you may ask for a hearing.
22
23 In order to request a hearing, you should fill out the form at the bottom of this notice and
24 obtain from the clerk or court a date and time for the hearing, and file the form with the
25 clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
26 deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
27 represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
28 plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
29 plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
30 soon as possible, but no later than 10 days after this notice is served on you.
31
32 If you ask for a hearing, the court will hold a hearing within 10 days from the date it receives
33 your request. At the hearing, you should present any evidence you have in support of your
34 position. The burden is on you to prove that some or all of your property subject to the
35 garnishment is exempt. You may wish to consult an attorney to represent you at this hearing.
36 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
37 (Name and address of court) 38 Case No. ________
39 REQUEST FOR HEARING 40 I request a hearing to dispute the plaintiff's garnishment of my earnings because
41

42 (reason)

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1

2 Name of Defendant
3 Signature of Defendant
4

5 Address
6 Date
7

8 City, State, Zip Code
9

10 Telephone No.
11 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
12 THIS PART SHALL BE COMPLETED BY CLERK:
13 The hearing requested shall be held on the ______ day of

, __, at
14                                        (day)
15                                                       (month)
16 (year)
17 ________ o'clock ________.
18    (time)
19                   (am or pm)
20 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
21 Certificate of Service 22 I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
23 if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following
24 manner and at the following address, on the date shown below:
25 ________________________________________
26 (name of plaintiff or plaintiff's attorney
27 ________________________________________
28 (address of plaintiff or plaintiff's attorney)
29 ________________________________________
30 ________________________________________
31 (manner delivered -- hand-delivery or first-class mail)
32 ______________________________
33 (date delivered)
34

____________________

35                                              Signature of Defendant
36 Sec. 5. The appendix of forms following K.S.A. 60-269 is hereby
37 amended by adding thereto a new form as follows:
38 Form No. 28. 39 NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH PROPERTY
40 OTHER THAN EARNINGS OF DEFENDANT
41 In the District Court of ________ County, Kansas 42 A.B., Plaintiff,
43    v.
44 C. D., Defendant, Case No. ________
45    and
46 E. F., Garnishee
47 TO BE DELIVERED BY THE PLAINTIFF TO THE DEFENDANT BY HAND-DE-
48 LIVERY OR FIRST CLASS MAIL WITHIN 10 DAYS AFTER FILING OF THE GAR-

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1 NISHEE'S ANSWER.
2 NOTICE TO DEFENDANT 3 (non-earnings garnishment) 4 You are hereby notified that the court has issued an order in the above case in favor of
5 (name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
6 money, property or credits now in the possession of (name and address of garnishee), the
7 garnishee in this proceeding, be used to satisfy your debt to the plaintiff. This order was
8 issued to enforce the judgment obtained by the plaintiff against you in this case on (date).
9 This order prohibits the garnishee from releasing all or part of your money or property to
10 you, and the court will order that this money or property be turned over to the plaintiff
11 unless it finds that there is some reason why this money or property should not be used to
12 satisfy the judgment.
13
14 The law of Kansas and the United States provides that certain benefit payments cannot be
15 taken from you to pay a debt, even if they are deposited in a bank, savings and loan, or
16 credit union. Such payments are commonly referred to as exempt property. Examples of
17 exempt benefit payments which cannot be attached or executed upon by a creditor are:
18
19 (1) Social Security disability and retirement benefits;
20 (2) Supplemental Security Income (SSI) benefits;
21 (3) Veteran's benefits;
22 (4) Black lung benefits;
23 (5) Cash assistance payments under the Temporary Assistance for Families (TAF) pro-
24 gram;
25 (6) Cash assistance payments under the General Assistance (GA) program;
26 (7) Unemployment compensation payments;
27 (8) Workers compensation payments;
28 (9) Certain pension benefits and retirement funds, including KPERS.
29
30 This is not an exclusive list. Other state and federal exemptions may apply to you. Certain
31 exemptions may not apply to support orders or to back taxes. An attorney can assist you in
32 determining which benefit payments are exempt.
33
34 If the court order affects property other than money which belongs to you, some or all of
35 this property may also be exempt. Examples of exempt personal property are:
36
37 (1) Furnishings, equipment and supplies in your possession and reasonably necessary at
38 your principal residence;
39 (2) Personal jewelry and other ornaments up to $1,000 in value;
40 (3) One vehicle regularly used for transportation up to $20,000 in value;
41 (4) Tools and equipment used in your principal trade or business up to $7,500 in value.
42
43 If you believe that the money or property being held by the garnishee is exempt and should

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1 not be given to the plaintiff, you may request a hearing before the court to assert this claim.
2 In order to request a hearing, you should fill out the form at the bottom of this notice and
3 obtain from the clerk or court a date and time for the hearing, and file the form with the
4 clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
5 deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
6 represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
7 plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
8 plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
9 soon as possible, but no later than 10 days after this notice is served on you. If you ask for
10 a hearing to claim that your money or property is exempt, the court will hold a hearing
11 within 10 days after it receives your request. At the hearing you should present any evidence
12 you have to show that your money or property is exempt. The burden is on you to prove
13 that some or all of your property subject to the garnishment is exempt. You may wish to
14 consult an attorney to represent you at this hearing.
15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
16 (Name and address of court) 17 Case No. ________
18 REQUEST FOR HEARING 19 I request a hearing because the money or property which is being garnished by the plaintiff
20 is exempt because it is
21

.
22 (reason property or money is exempt) 23

24 Name of Defendant
25 Signature of Defendant
26

27 Address
28 Date
29

30 City, State, Zip Code
31

32 Telephone No.
33 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
34 THIS PART SHALL BE COMPLETED BY CLERK:
35 The hearing requested shall be held on the ______ day of

, __, at
36                                        (day)
37                                                       (month)
38 (year)
39 ________ o'clock ________.
40    (time)
41                   (am or pm)
42 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
43 Certificate of Service 44 I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
45 if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following
46 manner and at the following address, on the date shown below:
47 ________________________________________
48 (name of plaintiff or plaintiff's attorney)

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1 ________________________________________
2 (address of plaintiff or plaintiff's attorney)
3 ________________________________________
4 ________________________________________
5 (manner delivered -- hand-delivery or first-class mail)
6 ______________________________
7 (date delivered)
8

____________________

9 Signature of Defendant
10
11 Sec. 6. K.S.A. 60-717 and 60-718 are hereby repealed.
12 Sec. 7. This act shall take effect and be in force from and after its
13 publication in the statute book.