HB 2294--Am. by HCW
[As Amended by House Committee of the
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2294
By Representative Tomlinson
12 AN ACT concerning civil procedure; relating to garnishment; amending
13 K.S.A. 60-718 and repealing the existing section.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 60-718 is hereby amended to read as follows: 60-
17 718. (a) Within 10 days after service upon a garnishee of an order of
18 garnishment issued to attach any property, funds, credits or indebtedness
19 belonging to or owing the defendant, other than earnings, the garnishee
20 shall file a verified answer thereto with the clerk of the court, stating the
21 facts with respect to the demands of the order. The answer of the gar-
22 nishee shall be sufficient if substantially in the following form, but the
23 garnishee's answer shall contain not less than that prescribed in the form:
24 ANSWER OF GARNISHEE
25 State of Kansas
26 County of ____________
27 ____________ being first duly sworn, say that on the _________ day of ____________,
28 19___, I was served with an order of garnishment in the above entitled action, that I have
29 not delivered to the defendant ____________, any money, personal property, goods, chat-
30 tels, stocks, rights, credits nor evidence of indebtedness belonging to the defendant, other
31 than earnings, since receiving the order of garnishment, and that the following is a true and
32 correct statement:
33 (1) (Money or indebtedness due[, not total amount of debt but amount currently
34 due]) I hold money or am indebted to the defendant, other than for earnings due and owing
35 defendant, as of the date of this answer, in the following manner and amounts:
36 of garnishment due $______ . Amount immediately
due to the defendant $_____________________________________________.
37 (2) (Personal property in possession) I have possession of personal property, goods,
38 chattels, stocks, rights, credits, or effects of the defendant, as of the date of this answer,
39 described and having an estimated value as follows: ____________________________________________________________.
40 (3) (To be answered by garnishee who is an executor or administrator of an estate) I
41 am an ____________ (executor or administrator) of the estate of ____________ containing
42 funds or property to which defendant is or may become entitled as a ____________, (legatee
43 or distributee) and I understand that the order of garnishment shall attach and create a first
HB 2294--Am. by HCW
1 and prior lien on all such property or funds to which defendant becomes entitled upon
2 distribution of the estate and that I am prohibited from delivering to defendant any such
3 property or funds until further order of the court from which the order of garnishment was
4 issued. The approximate date for distributing the assets of the estate is
6 I will hold the above described moneys or other items in my possession, until the further
7 order of the court.
9 (Signature), Garnishee
10 Subscribed and sworn to before me this _________ day of ____________, 19___.
11 INSTRUCTIONS TO GARNISHEE
12 This form is provided for your convenience in furnishing the answer required of you in
13 the order of garnishment. If you do not choose to use this form, your answer, under oath,
14 shall not contain less than that prescribed herein. Your answer must be filed with the clerk
15 of the above-named court within the time prescribed in the order of garnishment.
16 (b) Within 40 days after service upon a garnishee of an order of gar-
17 nishment issued for the purpose of attaching any earnings due and owing
18 the defendant, the garnishee shall file an answer thereto with the clerk
19 of the court, stating the facts with respect to the demands of the order.
20 If the defendant is not employed by the garnishee or has terminated
21 employment with the garnishee, the answer is not required to be verified.
22 Otherwise, the answer shall be verified. The answer of the garnishee is
23 declared to be sufficient if substantially in the following form, but the
24 garnishee's answer shall contain not less than that prescribed in the form:
25 ANSWER OF GARNISHEE
26 The defendant ___________________________________________________________________________________________________
27 Terminated employment on __________________ [
30 Was never employed ____________ [ ] ______________________________________________________________________________
32 If one of the above applies, you are not required to complete the remainder of this form
33 and it is not required to be verified. You must return the form within the time prescribed
34 in the order of garnishment.
35 If neither of the above applies, you must complete the remainder of this form and have
36 it verified.
38 State of Kansas
39 County of ____________
40 ____________, being first duly sworn, say that on the _________ day of ____________,
41 19___, I was served with an order of garnishment in the above entitled action, that since
42 being served with said order I have delivered to the defendant ____________, only that
43 portion of the defendant's earnings authorized to be delivered to the defendant pursuant to
44 the instructions accompanying this form and that the statements in my answer are true and
HB 2294--Am. by HCW
2 INSTRUCTIONS TO GARNISHEE
3 The order of garnishment served upon you has the effect of attaching any pay period or
4 periods which end during the 30-day period beginning on the day you are served with the
5 order of garnishment for that portion of the defendant's earnings (defined as compensation
6 for personal services, whether denominated as wages, salary, commission, bonus or other-
7 wise) which is not exempt from wage garnishment. This form is provided for your conven-
8 ience in furnishing the answer required of you in the order. It is designed so that you may
9 prepare your answer in conjunction with the preparation of your payroll. Wait until the end
10 of the pay period or periods which end during the 30-day period beginning on the day you
11 are served with the order of garnishment and apply the tests set forth in these instructions
12 to the earnings of the defendant-employee during the 30-day period, completing your an-
13 swer in accordance with these instructions. If you do not choose to use this form, your
14 answer, under oath, shall not contain less than that prescribed herein. Your answer must be
15 filed with the clerk of the above-named court within the time prescribed in the order of
17 First, furnish the information required by paragraphs (a) through (f) of the form below.
18 Read carefully the ``Note to Garnishee'' following paragraph (f). Then, if the total amount
19 of the defendant-employee's disposable earnings are not exempt from wage garnishment,
20 complete paragraphs (g), (h), (i) and (j) of the form by computing the amount of defendant-
21 employee's disposable earnings which are to be paid over to the defendant-employee by
22 using the following table:
23 I. On and after April 1, 1991, if the defendant-employee's disposable earnings are less
25 $127.50 for a Weekly pay period
26 $255.00 for a Biweekly pay period
27 $276.25 for a Semimonthly pay period
28 $552.50 for a Monthly pay period
29 Pay the defendant-employee as if the employee's pay check were not garnished.
30 II. On and after April 1, 1991, if the defendant-employee's disposable earnings are
31 $127.50 to $170.00 for a Weekly pay period
32 pay the defendant-employee
33 $255.00 to $340.00 for a Biweekly pay period
34 pay the defendant-employee
35 $276.25 to $368.33 for a Semimonthly pay period
36 pay the defendant-employee
37 $552.50 to $736.67 for a Monthly pay period
38 pay the defendant-employee
39 Any disposable earnings remaining after payment of the above amounts shall be retained
40 until further order of the court.
HB 2294--Am. by HCW
1 III. On and after April 1, 1991, if the defendant-employee's disposable earnings are
2 more than
3 $170.00 for a Weekly pay period
4 pay the defendant-employee
5 the defendant-employee's disposable
6 $340.00 for a Biweekly pay period
7 pay the defendant-employee
8 the defendant-employee's disposable
9 $368.33 for a Semimonthly pay period
10 pay the defendant-employee
11 the defendant-employee's disposable
12 $736.67 for a Monthly pay period
13 pay the defendant-employee
14 the defendant-employee's disposable
15 Any disposable earnings remaining after payment of the above amounts shall be retained
16 until further order of the court.
17 IV. SUPPORT ORDERS. If the person seeking the garnishment for court ordered
18 support desires to garnish more than 50% of disposable earnings, that person may request
19 in writing to the clerk of the court to check one of the below applicable percentages:
20 55% Employee also supports a spouse or dependent child not covered by this support
21 order and payments are 12 weeks overdue.
22 60% Employee does not support a spouse or dependent child and payments are not 12
23 weeks overdue.
24 65% Employee does not support a spouse or dependent child and payments are 12
25 weeks overdue.
26 STATEMENT OF GARNISHEE
27 (a) The normal pay period for defendant is weekly ______ every two weeks ____________________________________
28 semimonthly ______ monthly ______ (designate one).
29 (b) This answer covers earnings for the pay period or periods beginning on the ______________________________
30 day of ____________, 19___, and ending on the ______ day of ____________, 19___,
31 which period includes the day on which the order of garnishment was served upon me.
32 (c) Total gross earnings due for the pay period or periods covered by (b) are $_______________
33 (d) Average gross earnings for normal pay period as designated in (a) $______________________________
34 (e) Amounts required by law to be withheld for the pay period or periods covered by
35 (b) are:
36 (1) Federal social security tax
37 (2) Federal income tax
38 (3) State income tax
39 (4) Railroad retirement tax
40 (0) Total
41 (Deduct only those items listed above)
HB 2294--Am. by HCW
1 (f) Disposable earnings for the pay period or periods covered by (b) are (subtract (e) from (c))
2 Note to Garnishee: If the order of garnishment states at the top of the order that it is
3 issued to enforce (1) an order of any court of bankruptcy under chapter XIII of the federal
4 bankruptcy act or (2) a debt due for any state or federal tax, you must retain in your pos-
5 session until further order of the court all of the disposable earnings shown in (f) for any
6 pay period or periods ending during the 30-day period covered by the order of garnishment.
7 If the order of garnishment states at the top of the order that it is issued to enforce an order
8 of any court for the support of any person, you must retain in your possession until further
9 order of the court 50% of the disposable earnings for any pay period or periods ending
10 during the 30-day period covered by the order shown in (f), or such greater percentage as
11 may be indicated in paragraph IV. If the order of garnishment is not issued for any of such
12 purposes, compute the amount of earnings which may be paid to defendant pursuant to the
13 instructions accompanying this form and furnish the information required by (g), (h), (i), (j)
14 and (k).
15 (g) I am subtracting from the disposable earnings in (f) an amount subject to an income withholding order for
16 (h) In accordance with the instructions accompanying this answer form, I have determined that the amount which
may be paid to defendant is $_______________________________________________________________________________
17 (i) I am withholding from the amount in (h) an administrative fee in the amount of $____________
18 (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
19 (k) If the amount in (j) exceeds the amount of the plaintiff's claim as found in the order
20 for garnishment, I am holding only the amount of the claim and paying the difference to
21 the defendant:
22 Available disposable earnings from (j)
23 Amount of claim
24 Difference paid to the defendant in addition to amount shown in (g) $_________________________________
25 I will hold in my possession until further order of the court all of the moneys required
26 herein to be withheld.
28 (Signature), Garnishee
29 Subscribed and sworn to before me this ______ day of ____________, 19___.
30 Answer of garnishee must be filed with the clerk of this court pursuant to Kansas law.
31 (c) The clerk shall cause a copy of the answer to be mailed promptly
32 to the plaintiff and the defendant. Within 10 days after the filing of the
33 answer the plaintiff or the defendant or both of them may reply thereto
34 controverting any statement in the answer. If the garnishee fails to answer
35 within the time and manner herein specified, the court may grant judg-
36 ment against garnishee for the amount of the plaintiff's judgment or claim
HB 2294--Am. by HCW
1 against the defendant, but if the claim of the plaintiff has not been re-
2 duced to judgment, the liability of the garnishee shall be limited to the
3 judgment ultimately rendered against the defendant. Such judgments
4 may be taken only upon written motion and notice given in accordance
5 with K.S.A. 60-206 and amendments thereto. Notwithstanding the fore-
6 going, if the garnishee is a public officer for the state or any instrumen-
7 tality thereof and the indebtedness sought by plaintiff to be withheld from
8 defendant is an indebtedness to defendant incurred by or on behalf of
9 the state or any instrumentality thereof, judgment against the state or
10 such instrumentality shall be limited to an amount for claim and costs not
11 exceeding the total amount of the indebtedness of the state or instru-
12 mentality thereof to defendant. If the garnishee answers as required
13 herein and no reply thereto is filed within 10 days, the allegations of the
14 answer are deemed to be confessed. If a reply is filed as herein provided,
15 the court shall try the issues joined, the burden being upon the party
16 filing the reply to disprove the sworn statements of the answer, except
17 that the garnishee shall have the burden of proving offsets or indebted-
18 ness claimed to be due from the defendant to the garnishee, or liens
19 asserted by the garnishee against property of the defendant.
20 Sec. 2. K.S.A. 60-718 is hereby repealed.
21 Sec. 3. This act shall take effect and be in force from and after its
22 publication in the statute book.