60-703. Attachments, how obtained.
60-703
60-703. Attachments, how obtained.The order of attachment shall be issued by a judge of the district courtupon the filing of a petition stating the claim and the filing of anaffidavit, or an affidavit and bond as required in this article, exceptthat no order of attachment shall be issued before judgment onplaintiff's claim where the property of the defendant to be attached isin the possession of a third party and is in the form of earnings dueand owing to the defendant. The filing of an affidavit stating one ormore grounds of attachment is required in every case. A bond is requiredin every case except in actions instituted on behalf of the state ofKansas or a county of the state. The order of attachment may be issuedand executed on Sunday or on a legal holiday if the affidavit statesthat the party seeking the attachment will lose the benefit thereofunless the writ be issued or served on such day. The provisions of thissection shall not be applicable to garnishments authorized pursuant to K.S.A. 60-1607.
History: L. 1963, ch. 303, 60-703; L. 1970, ch. 238, § 5; L.1977, ch. 202, § 2; L. 1979, ch. 183, § 1; July 1.