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AN ACT concerning civil procedure and civil actions; relating to garnish-
  ment; amending K.S.A. 60-717 and 61-2005 and repealing the existing
  sections; also amending Form No. 7a in the appendix of forms follow-
  ing K.S.A. 61-2605 and repealing the existing form.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 60-717 is hereby amended to read as follows: 60-
717. (a) Form. (1) An order of garnishment, issued independently of an
attachment, either prior to judgment or as an aid for the enforcement of
a judgment, for the purpose of attaching any property, funds, credits or
indebtedness belonging to or owing the defendant, other than earnings,
is declared to be sufficient if substantially in the following form:
  ``In the District Court of ____________ County, Kansas, A.B., Plaintiff, vs.
     C.D., De-
fendant, and E.F., Garnishee. The State of Kansas to the Garnishee: You are
     hereby ordered
as a garnishee to file with the clerk of the above named court, within 10 days
     after service
of this order upon you, your answer under oath stating whether you are at the
     time of the
service of this order upon you, and also whether at any time thereafter but
     before you sign
your answer, indebted to the defendant, or have in your possession or control
     any property
belonging to the defendant, excluding earnings (compensation for personal
     services, whether
denominated as wages, salary, commission, bonus or otherwise) due and owing the
     defen-
dant and stating the amount of any such indebtedness and description of any such
     property.
For the purpose of this order, if you are, at the time this order is served upon
     you, an
executor or administrator of an estate containing property or funds to which
     defendant is
or may become entitled as a legatee or distributee of the estate upon its
     distribution, you
are deemed to be indebted to the defendant to the extent of such property or
     funds. You
are further ordered to withhold the payment of any such indebtedness, or the
     delivery away
from yourself of any such property, until the further order of the court. Your
     answer on the
form served herewith shall constitute substantial compliance with this order.
  ``Failure to file your answer may entitle the plaintiff to judgment against
     you for the full
amount of the claim and costs.
  ``Witness my hand and seal of the court at ____________ in this county, this
     _______________________________________________________________________________
day of ____________, 19___,
     _______________________________________________________________________________
    , Clerk of the court, ____________ County.''
  (2) (A)  An order of garnishment, issued independently of an attach-
ment as an aid for the enforcement of a judgment and for the purpose
of attaching earnings of the defendant shall include the defendant's ad-
dress and social security number, if known, the address of the plaintiff's
attorney and, except as otherwise provided the amount of the plaintiff's
claim against the defendant. If the exact amount of the plaintiff's claim
is not known, the order of garnishment shall include an approximate
amount of the plaintiff's claim against the defendant. It is declared to be
sufficient if substantially in the following form:
  ``In the District Court of ____________ County, Kansas, A.B., Plaintiff, vs.
     C.D., De-
fendant, and E.F., Garnishee. The State of Kansas to the Garnishee: You are
     hereby ordered
as a garnishee to file with the clerk of the above named court, within 40 days
     after service
of this order upon you, your answer under oath stating whether you are indebted
     to the
defendant by reason of earnings (compensation for personal services, whether
     denominated
as wages, salary, commission, bonus or otherwise) due and owing the defendant
     and stating
the amount of any such indebtedness. Computation of the amount of your
     indebtedness
shall be made as prescribed by the answer form served herewith and shall be
     based upon
defendant's earnings for any pay period or periods which end during the 30-day
     period
beginning the day this order is served upon you. You are further ordered to
     withhold from
each payment for earnings due the defendant for any pay period or periods ending
     during
such 30-day period the payment of that portion of defendant's earnings required
     to be
withheld pursuant to the directions accompanying the answer form until the
     further order
of the court. If you do not receive an order of the court to dispose of earnings
     withheld
from the defendant within 60 180 days from the date your answer is filed, and
     your answer
is not contested by the plaintiff, you may petition the court for an order
     allowing you to
return withheld funds to the defendant. Your answer on the form shall constitute
     substantial
compliance with this order.
Defendant ___________________________  Plaintiff's attorney
     ___________________________
Address __________________________________________  Address
     __________________________________________
_________________________________________________________
     _________________________________________________________
Social Security #, if known _____________________
                                                       Amount of claim _________
  ``Failure to file your answer may entitle the plaintiff to judgment against
     you for the full
amount of the claim and costs.
  ``Witness my hand and seal of the court at ____________ in this county, this
     _______________________________________________________________________________
day of ____________, 19___, ____________, Clerk of the court, ____________
     County.''
  (B)  If such order of garnishment is issued at the written direction of
the party entitled to enforce the judgment, pursuant to K.S.A. 60-716,
and amendments thereto, to enforce (1) (i) an order of any court for the
support of any person, (2) (ii) an order of any court of bankruptcy under
chapter XIII of the federal bankruptcy act or (3) (iii) a debt due for any
state or federal tax, the clerk of the district court shall cause such purpose
to be clearly stated on the order of garnishment and the accompanying
garnishee's answer form immediately below the caption. If the garnish-
ment is to enforce a court order for the support of any person, the gar-
nishment shall not exceed 50% of an individual's disposable earnings un-
less the person seeking the garnishment specifies to the garnishee a
greater percent to be withheld, as authorized by subsection (g) of K.S.A.
60-2310 and amendments thereto.
  (C)  From earnings due to defendant, the garnishee may withhold and
retain to defray the garnishee's expenses an administrative fee of $10 for
each pay period in which earnings are withheld, not to exceed $20 for
each month in which earnings are withheld. If addition of this fee causes
the total amount withheld to exceed the restrictions imposed by subsec-
tion (b) K.S.A. 60-2310, and amendments thereto, the fee shall be de-
ducted from the amount withheld.
  (D)  If the garnishee does not receive an order of the court to dispose
of earnings withheld from the defendant within 180 days from the date
the garnishee's answer is filed, and if the answer is not contested by the
plaintiff, the garnishee may return the funds withheld to the defendant.
  (b)  Service and return. The order of garnishment shall be served on
the garnishee, together with two copies of the form for the garnishee's
answer prescribed in K.S.A. 60-718 and amendments thereto and re-
turned by the officer making service in the same manner as an order of
attachment. If the order is served prior to a judgment on the plaintiff's
claim, the order shall also be served on the defendant, if the defendant
can be found, but failure to serve the defendant shall not relieve the
garnishee from liability under the order.
  (c)  Effect. An order of garnishment issued to attach any property,
funds, credits or other indebtedness belonging to or owing the defendant,
other than earnings, shall attach (1) all such property of the defendant
which is in the possession or under the control of the garnishee, and all
such credits and indebtedness due from the garnishee to the defendant
at the time of service of the order and (2) all such property coming into
the possession or control of the garnishee and belonging to the defendant,
and all such credits and indebtedness becoming due to the defendant
between the time of the serving of the order of garnishment and the time
of the signing of the answer of the garnishee, but if the garnishee is an
executor or administrator of an estate and the defendant is or may become
a legatee or distributee thereof, the order of garnishment shall attach and
create a first and prior lien upon any property or funds of such estate to
which the defendant is entitled upon distribution of the estate and the
garnishee shall be prohibited from paying to the defendant any of such
property or funds until so ordered by the court from which the order of
garnishment was issued.
  An order of garnishment issued for the purpose of attaching earnings
of the defendant shall have the effect of attaching the nonexempt portion
of the defendant's earnings for any pay period or periods which end dur-
ing the 30-day period beginning the date the order is served. Nonexempt
earnings are earnings which are not exempt from wage garnishment pur-
suant to K.S.A. 60-2310 and amendments thereto, and computation
thereof for any pay period or periods which end during the 30-day period
beginning the date the order is served shall be made in accordance with
the directions accompanying the garnishee's answer form served with the
order of garnishment.
  Sec. 2.  K.S.A. 61-2005 is hereby amended to read as follows: 61-
2005. (a) Form of garnishment order. An order of garnishment, issued
independently of an attachment for the purpose of attaching earnings or
for the purpose of attaching other property of the defendant, and the
answer of the garnishee are declared to be sufficient if substantially in
compliance with the appropriate form prescribed in the appendix to this
act. If an order of garnishment is issued at the written direction of the
party entitled to enforce the judgment, pursuant to K.S.A. 61-2004 and
amendments thereto, for the purpose of enforcing (1) an order of any
court for the support of any person, (2) an order of any court of bank-
ruptcy under chapter XIII of the federal bankruptcy act or (3) a debt due
for any state or federal tax, the clerk of the court shall cause such purpose
to be clearly stated on the order of garnishment and the accompanying
garnishee's answer form immediately below the caption thereof. If the
garnishment is to enforce a court order for the support of any person, the
garnishment shall not exceed 50% of an individual's disposable earnings
unless the person seeking the garnishment specifies to the garnishee a
greater percent to be withheld, as authorized by subsection (g) of K.S.A.
60-2310 and amendments thereto.
  (b)  Service and return. The order of garnishment shall be served on
the garnishee, together with two copies of the appropriate form for the
garnishee's answer prescribed in the appendix to this act, and returned
by the officer making service in the same manner as an order of attach-
ment. If the order is served prior to a judgment on the plaintiff's claim,
the order shall also be served on the defendant, if the defendant can be
found, except that the order shall not be served on the defendant until
after service has been made on the garnishee. Failure to serve the defen-
dant shall not relieve the garnishee from liability under the order.
  (c)  Effect. An order of garnishment issued for the purpose of attach-
ing any property, funds, credits or other indebtedness belonging to or
owing the judgment debtor, other than earnings, shall have the effect of
attaching (1) all such personal property of the defendant which is in the
possession or under the control of the garnishee, and all such credits and
indebtedness due from the garnishee to the defendant at the time of
service of the order and (2) all such personal property coming into the
possession or control of the garnishee and belonging to the defendant,
and all such credits and indebtedness becoming due to the defendant
between the time of the serving of the order of garnishment and the time
of the signing of the answer of the garnishee, except that where the gar-
nishee is an executor or administrator of an estate where the defendant
is or may become a legatee or distributee thereof, the order of garnish-
ment shall have the effect of attaching and creating a first and prior lien
upon any property or funds of such estate to which the defendant is
entitled upon distribution of the estate, and such garnishee shall be pro-
hibited from paying over to the defendant any of such property or funds
until so ordered by the court from which the order of garnishment was
issued.
  An order of garnishment issued for the purpose of attaching earnings
of the defendant shall have the effect of attaching the nonexempt portion
of the defendant's earnings for any pay period or periods which end dur-
ing the 30-day period beginning the day in which the order is served.
Nonexempt earnings are earnings which are not exempt from wage gar-
nishment pursuant to K.S.A. 60-2310 and amendments thereto, and com-
putation thereof for any pay period or periods shall be made in accordance
with the directions accompanying the garnishee's answer form served
with the order of garnishment.
  (d)  Administrative fee. From income due the defendant, the gar-
nishee may withhold and retain to defray the garnishee's costs an admin-
istrative fee of $10 for each pay period for which income is withheld, not
to exceed $20 for each month for which income is withheld, whichever
is less. Such administrative fee shall be in addition to the amount required
to be withheld under the order for garnishment. If the addition of this
fee causes the total amount withheld to exceed the restrictions imposed
by subsection (b) of K.S.A. 60-2310, and amendments thereto, the fee
shall be deducted from the amount withheld.
  (e)  Return of funds. If the garnishee does not receive an order of the
court to dispose of earnings withheld from the defendant within 180 days
from the date the garnishee's answer is filed and, if the answer is not
contested by the plaintiff, the garnishee may return the funds withheld to
the defendant.
  Sec. 3.  Form No. 7a in the appendix of forms following K.S.A. 61-
2605 is hereby amended to read as follows:
Form No. 7a: ORDER OF GARNISHMENT AND RETURN WHERE ORDER
ISSUED TO ATTACH EARNINGS OF DEFENDANT
  In the ____________ Court of ____________ County, Kansas.
________________________
Plaintiff,
vs.
*_____________________
                                                                No. ____________
Defendant,
and
________________________
Garnishee.
                              ORDER OF GARNISHMENT
To the above-named garnishee:
  You are hereby ordered as a garnishee to file with the clerk of the
     above-named court,
within 40 days after service of this order upon you, your answer under oath
     stating whether
you are indebted to the defendant by reason of earnings (compensation for
     personal services,
whether denominated as wages, salary, commission, bonus or otherwise) due and
     owing the
defendant, and stating the amount of any such indebtedness. Computation of the
     amount
of your indebtedness shall be made in the manner prescribed by the answer form
     served
herewith and shall be based upon defendant's earnings for any pay period or
     periods which
end during the 30-day period beginning the day in which this order is served
     upon you. You
are further ordered to withhold the payment of that portion of defendant's
     earnings required
to be withheld pursuant to the directions accompanying said the answer form
     until the
further order of the court. If you do not receive an order of the court to
     dispose of earnings
withheld from the defendant within 60 180 days from the date your answer is
     filed, and
your answer is not contested by the plaintiff, you may petition the court for an
     order allowing
you to return withheld funds to the defendant. Your answer on such form shall
     constitute
substantial compliance with this order.
Defendant ___________________________  Plaintiff's attorney
     ___________________________
Address __________________________________________  Address
     __________________________________________
_________________________________________________________
     _________________________________________________________
Social Security #, if known _____________________
                                                       Amount of claim _________
  Failure to file your answer as aforesaid required may entitle the plaintiff
     to judgment
against you for the full amount of such plaintiff's claim and costs.
                                                  ______________________________
                                                        (Signature), Clerk
Dated __________________
[Seal of the Court]
  *(The defendant's address should be shown following the defendant's name if
     the case is
not yet in judgment and service on the defendant is also desired.)
                         RETURN ON ORDER OF GARNISHMENT
  On ____________, 19 ___, at ______ o'clock, ___M., I received this order of
     garnish-
ment and I hereby certify that I served the same as follows:
  (1)  Service on Garnishee. I served said such order of garnishment, together
     with two
copies of a form for garnishee's answer, on each of the garnishees at the time
     and in the
manner following, to wit: ________________________________________________
________________________________________________________________________.
  (2)  Service on Defendant. I also served a copy of said such order of
     garnishment on
each of the defendants on the dates and in the manner following, to wit:
     _______________________________________________________________________________
________________________________________________________________________.
                                      Fees
Service, First Person$_____________________________________________
______ Additional Persons......................................
     $_________________________________
______ Persons Not Found.......................................
     $_________________________________
Mileage: ______ miles..........................................
     $____________________________________
  Total........................................................
     $________________________________________________
  Sec. 4.  K.S.A. 60-717, 61-2005 and Form No. 7a in the appendix of
forms following K.S.A. 61-2605 are hereby repealed.
  Sec. 5.  This act shall take effect and be in force from and after its
publication in the statute book.