60-713. Settlement of conflicting claims.
60-713
60-713. Settlement of conflicting claims.Any person claiming an interest in any property attached shall be permittedto intervene in accordance with K.S.A. 60-224 (a), and in thediscretion of the judge any creditor of a party if the creditor's claim isliquidated in amount may be permitted, to intervene in the attachmentproceedings, or may be joined as a party thereto in accordance with K.S.A.60-219 (b), and the court shall adjudicate their respective rights inaccordance with the following rules:
(a) Process. Process shall be served on parties joined under thissection in the same manner and with the same effect as is provided inarticle 3 of this chapter.
(b) Multiple attachments. An officer having several orders ofattachment subject to being levied on the same property shall levy the samein the order in which they were received by said officer. If there are severalattachments issued out of different courts, all questions arising underthis section shall be determined by the court out of which there was issuedthe first attachment served. The clerk of the court which determinessuch questions shall promptly certify the proceedings to any other court inwhich proceedings are affected thereby.
(c) Representation of passive parties. If any party to theproceedings, whether an original party or one who has been subsequentlyjoined, fails to assert a right or a defense available, and suchfailure is prejudicial to the rights of some other party, the latter mayassert the same for the protection of such party's own interest.
(d) Fraudulent conveyances. The grantee of any interest in attachedproperty, which interest was received fraudulently, may be joined for thepurpose of barring such interest, setting aside such conveyance, orobtaining such other relief as justice may require.
History: L. 1963, ch. 303, 60-713; L. 1976, ch. 251, § 19, Jan. 10, 1977.