60-738. Same; reply; notification and hearing; burden of proof.
60-738
60-738. Same; reply; notification and hearing;burden of proof.(a) Nolater than 10 days after the garnishee makes the answer and the clerk or thegarnishee sends it to the judgment creditor and judgment debtor, the judgmentcreditor or judgment debtor, or both, may filea reply disputing any statement in the answer of the garnishee. A copy of thereply shall be sentby the party filing same to the other party, to any other judgment creditorsaffected and to thegarnishee. The party filing the reply shall notify the court and schedule ahearing on the replyto be held within 30 days after filing of the reply.
(b) At the hearing, the court shall determine and rule on all issues relatedto the reply. Theburden of proof shall be upon the party filing the reply to disprove thestatements of theanswer, except that the garnishee shall have the burden of proving offsets orindebtednessclaimed to be due from the judgment debtor to the garnishee, or liens assertedby the garnisheeagainst personal property of the judgment debtor. The provisions of K.S.A.60-719, and amendments thereto, relatingto offsets claimed by the garnishee shall be applicable to lawsuits filedpursuant to the code of civil procedure for limited actions.
History: L. 2002, ch. 198, § 11; July 1.