Brief ⁽¹⁾

SB 236 amends the Code of Civil Procedure contained in Chapter 60 of Kansas Statutes Annotated regarding garnishment procedures to make this procedure identical to garnishment provisions contained in the Code of Procedure for Limited Actions contained in Chapter 61.

The Senate Committee deleted the appendix of forms (pages 9-29) from the bill and provided instead the Chapter 60 forms shall be set forth pursuant to rules or orders of the Kansas Supreme Court.

Background

The bill was supported by the Kansas Judicial Council as a needed revision of Chapter 60 garnishment provisions to make these identical to Chapter 61 garnishment provisions that were enacted as part of a recodification of Chapter 61 by the 2000 Legislature. Current differences in garnishment procedures have created confusion in the legal profession, employers, creditors, and the court system.

The bill was also supported by the Kansas Collectors Association and the Kansas Credit Attorneys Association.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi