2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 7 ATTACHMENT AND GARNISHMENT
60-739. Garnishee's payment to court; refund of overpayment; release of funds.

60-739

Chapter 60.--PROCEDURE, CIVIL
Article 7.--ATTACHMENT AND GARNISHMENT

      60-739.   Garnishee's payment to court; refund of overpayment; release of funds. (a) The court shall direct the garnishee to pay to the court such amount that the garnishee is holding, as indicated by the answer, or such lesser amount as warranted, if:

      (1)   The garnishment has attached to property other than earnings of the judgment debtor;

      (2)   ten days have passed since receipt of the answer of the garnishee by the court; and

      (3)   no reply to the answer has been filed.

      (b)   The court shall promptly refund to the judgment debtor any overpayment of the claim. The garnishee may release the funds, credits or indebtedness that have been attached pursuant to the order of garnishment if no order to pay the court has been received within 60 days following the receipt of the answer of the garnishee by the court.

      History:   L. 2002, ch. 198, § 12; L. 2003, ch. 131, § 1; July 1.

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