60-721. Judgment in garnishment proceedings.
60-721
60-721. Judgment in garnishmentproceedings.(a) Upon determination of the issues, either by admissions in the answer orreply, or by default, or by findings of the court on controvertedissues, judgment shall be entered fixing the rights and liabilities ofall the parties in the garnishment proceedings (1) by determining theliability of garnishee upon default, or (2) discharging the garnishee,or (3) making available to the satisfaction of the claim of theplaintiff any indebtedness due from the garnishee to the defendant orany property in the hands of the garnishee belonging to the defendant,including ordering the payment of money by the garnishee into court, orthe impoundment, preservation and sale of property as provided for thedisposition of attached property, or (4) rendering judgment against thegarnishee for the amount of his or her indebtedness to the defendant orfor the value of any property of the defendant held by the garnishee,and (5) if the answer of a garnishee is controverted without good cause,the court may award the garnishee judgment against the partycontroverting such answer damages for his or her expenses, includingreasonable attorneys' fees, necessarily incurred in substantiating thesame.
(b) When judgment is entered in garnishment proceedings for the purposeof enforcing an order of any court for the support of any person and thecourt finds that a continuing order of garnishment is necessary to insurepayment of a court order of support, the court may issue a continuing orderof garnishment to allow any indebtedness that will become due from thegarnishee to the defendant because of an employer-employee relationship to bemade available to the plaintiff on a periodic and continuing basis for so longas the court issuing the order may determine or until otherwise orderedby such court in a further proceeding. No order may be made pursuant tothis subsection (b) unless the court finds that the defendant is in arrearageof a court order for support in an amount equal to or greater than one yearof support as ordered and the defendant receives compensation from his orher employer on a regular basis in substantially equal periodic payments.On motion of a defendant who is subject to a garnishment order pursuantto this subsection (b), the court for good cause shown may modify or revokeany such order.
(c) All orders and judgments in any garnishment proceeding shall besubject to the provisions of K.S.A. 60-727 andamendments thereto.
History: L. 1963, ch. 303, 60-721; L. 1978, ch. 227, § 4;L. 1996, ch. 71, § 2; Apr. 4.