Kansas Bill # 2428

Session of 1999
HOUSE BILL No. 2428 By Committee on Judiciary 2-10

9 AN ACT concerning the code of civil procedure for limited actions; re-
10 lating to garnishment; amending Form No. 7, Form No. 7a, Form No.
11 8 and Form No. 8a in the appendix of forms following K.S.A. 61-2605
12 and repealing the existing forms.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 New Section 1. (a) At the same time the garnishee files the answer
16 with the clerk, the garnishee shall mail a copy of the answer to the plain-
17 tiff, or plaintiff's attorney if plaintiff is represented by an attorney, at the
18 address specified on the answer form.
19 (b) The garnishee shall disclose on the answer in a space provided
20 therefor the last known address for the defendant according to the records
21 of the garnishee.
22 (c) If the garnishee's answer indicates that the garnishee is holding
23 funds or property of the defendant pursuant to the garnishment order,
24 the plaintiff, within 10 days after the date the copy of the answer is mailed
25 to the plaintiff as provided above in section (a), shall hand-deliver to the
26 defendant or mail to the defendant by first-class mail at the defendant's
27 last known address a notice notifying the defendant of the following:
28 (1) That a garnishment order has been issued against the defendant
29 and a brief statement as to the effect of such order;
30 (2) of the defendant's right to assert any claim of exemption allowed
31 under the law with respect to the property garnished; and
32 (3) of the defendant's right to a hearing on such claim.
33 The notice shall be substantially in the form or forms prescribed in the
34 appendix to this act, and shall contain a description of the exemptions
35 that are applicable to garnishments and the procedure by which the judg-
36 ment debtor can assert any claim of exemption. For purposes of this
37 section, the date the answer is mailed to the plaintiff shall be deemed to
38 be the date the answer is filed with the clerk unless the plaintiff can show
39 a later date.
40 (d) The plaintiff shall file a certificate indicating the manner and date
41 the notice was sent.
42 (e) If the defendant requests a hearing to assert any claim of exemp-
43 tion, the request shall be filed no later than 10 days following the date

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1 the notice is served on the defendant. If a hearing is requested, the hear-
2 ing shall be held by the court no sooner than 5 days nor later than 10
3 days after the request is filed. At the time the request for hearing is filed,
4 the defendant shall obtain from the clerk or court the date and time for
5 the hearing which shall be noted on the request form. Immediately after
6 the request for hearing is filed, the defendant shall hand-deliver to the
7 plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney,
8 or mail to the plaintiff or plaintiff's attorney, if plaintiff is represented by
9 an attorney, by first-class mail at the plaintiff's, or plaintiff's attorney's,
10 last known address, a copy of the request for hearing.
11 (f) If a hearing is held, the defendant shall have the burden of proof
12 to show that some or all of the property subject to the garnishment is
13 exempt, and the court shall enter an order determining the exemption
14 and such other order or orders as is appropriate.
15 Sec. 2. Form No. 7 in the appendix of forms following K.S.A. 61-
16 2605 is amended to read as follows:
17 Form No. 7: ORDER OF GARNISHMENT AND RETURN WHERE ORDER
18 ISSUED TO ATTACH PROPERTY OTHER THAN EARNINGS OF
19 DEFENDANT
20 In the ________ Court of ________ County, Kansas.
21 ________________
22

Plaintiff,

23 vs.
24 *______________
25

No. ________

Defendant,

27 and
28 ________________
29

Garnishee.

30 ORDER OF GARNISHMENT 31 To the above-named garnishee:
32 You are hereby ordered as a garnishee to file with the clerk of the above-named court,
33 within ______ days after service of this order upon you, your answer under oath stating
34 whether you are at the time of the service of this order upon you, and also whether at any
35 time thereafter but before you file your answer, indebted to or have in your possession or
36 control any personal property belonging to the defendant, excluding earnings (compensation
37 for personal services, whether denominated as wages, salary commission, bonus or other-
38 wise) due and owing defendant, and stating the amount of any such indebtedness and de-
39 scription of any such property. For the purpose of this order, if you are, at the time this
40 order is served upon you, an executor or administrator of an estate containing property or
41 funds to which defendant is or may become entitled as a legatee or distributee of the estate
42 upon its distribution, you are deemed to be indebted to the defendant to the extent of such
43 property or funds. You are further ordered to withhold the payment of any such indebt-
44 edness, or the delivery away from yourself of any such property, until the further order of

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1 the court. Your answer on the form served herewith shall constitute substantial compliance
2 with this order.

3	Defendant ___________________	Plaintiff's attorney _________________________
4	Address __________________________________	Address ________________________________________
5	__________________________________________	_______________________________________________

6 Social Security #, if known ____________________________
7 Amount of claim ______________
8 At the same time you file with the clerk your answer, you shall mail a copy of your answer
9 to the plaintiff, or plaintiff's attorney if represented by an attorney, at the address designated
10 on the answer form.
11 Failure to file your answer as aforesaid may entitle the plaintiff to judgment against you
12 for the full amount of his or her claim and costs.
13

____________________

(Signature), Clerk

15 Dated ____________
16 [Seal of the Court]
17 * (The defendant's address should be shown following his or her name if the case is not
18 yet in judgment and service on the defendant is also desired.)
19 RETURN ON ORDER OF GARNISHMENT 20 On ________, 19 __, at ____ o'clock, __M., I received this order of garnish-
21 ment and I hereby certify that I served the same as follows:
22 (1) Service on Garnishee. I served said order of garnishment, together with two (2)
23 copies of a form for garnishee's answer, on each of the garnishees at the time and in the
24 manner following, to with: ____________________________________________________________
25 __________________________________________________________________________________
26 (2) Service on Defendant. I also served a copy of said order of garnishment on each of
27 the defendants on the dates and in the manner following, to with: ____________________________
28 __________________________________________________________________________________
29 Fees

30	Service, First Person	$__________
31	___________________________ Additional Persons	$__________
32	___________________________ Persons Not Found	$__________
33	Mileage: _________________ miles	$__________
34	Total	$__________

35 Sec. 3. Form No. 7a in the appendix of forms following K.S.A. 61-
36 2605 is hereby amended to read as follows:
37 Form No. 7a: ORDER OF GARNISHMENT AND RETURN WHERE ORDER
38 ISSUED TO ATTACH EARNINGS OF DEFENDANT
39 In the ________ Court of ________ County, Kansas.
40 ________________
41

Plaintiff,

42 vs.

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1 *______________
2

No. ________

Defendant,

4 and
5 ________________
6

Garnishee.

7 ORDER OF GARNISHMENT 8 To the above-named garnishee:
9 You are hereby ordered as a garnishee to file with the clerk of the above-named court,
10 within 40 days after service of this order upon you, your answer under oath stating whether
11 you are indebted to the defendant by reason of earnings (compensation for personal services,
12 whether denominated as wages, salary, commission, bonus or otherwise) due and owing the
13 defendant, and stating the amount of any such indebtedness. Computation of the amount
14 of your indebtedness shall be made in the manner prescribed by the answer form served
15 herewith and shall be based upon defendant's earnings for any pay period or periods which
16 end during the 30-day period beginning the day in which this order is served upon you. You
17 are further ordered to withhold the payment of that portion of defendant's earnings required
18 to be withheld pursuant to the directions accompanying said answer form until the further
19 order of the court. If you do not receive an order of the court to dispose of earnings withheld
20 from the defendant within 60 days from the date your answer is filed, and your answer is
21 not contested by the plaintiff, you may petition the court for an order allowing you to return
22 withheld funds to the defendant. Your answer on such form shall constitute substantial
23 compliance with this order.

24	Defendant _______________________	Plaintiff's attorney _________________________
25	Address ____________________________	Address ______________________________________
26	____________________________________	______________________________________________

27 Social Security #, if known ______________________
28 Amount of claim _____________
29 At the same time you file with the clerk your answer, you shall mail a copy of your answer
30 to the plaintiff, or plaintiff's attorney if represented by an attorney, at the address designated
31 on the answer form.
32 Failure to file your answer as aforesaid may entitle the plaintiff to judgment against you
33 for the full amount of such plaintiff's claim and costs.
34

________________

(Signature), Clerk

36 Dated ____________
37 [Seal of the Court]
38 * (The defendant's address should be shown following the defendant's name if the case
39 is not yet in judgment and service on the defendant is also desired.)
40 RETURN ON ORDER OF GARNISHMENT 41 On ________, 19 __, at ____ o'clock, __M., I received this order of garnish-
42 ment and I hereby certify that I served the same as follows:
43 (1) Service on Garnishee. I served said order of garnishment, together with two copies
44 of a form for garnishee's answer, on each of the garnishees at the time and in the manner

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1 following, to wit: __________________________________________________________________
2 __________________________________________________________________________________
3 (2) Service on Defendant. I also served a copy of said order of garnishment on each of
4 the defendants on the dates and in the manner following, to wit: _____________________________
5 __________________________________________________________________________________
6 Fees

7	Service, First Person	$__________
8	____________________ Additional Persons	$__________
9	____________________ Persons Not Found	$__________
10	Mileage: _________ miles	$__________
11	Total	$__________

12 Sec. 4. Form No. 8 in the appendix of forms following K.S.A. 61-
13 2605 is amended to read as follows:
14 Form No. 8: GARNISHEE'S ANSWER TO ACCOMPANY ORDER OF GARNISH-
15 MENT IN FORM No. 7
16 (Caption of Case) 17 ANSWER OF GARNISHEE 18 State of Kansas
19 ss.
20 County of ________
21 ________, being first duly sworn, say that on the ______ day of ________,
22 19__, I was served with an order of garnishment in the above entitled action, that I have
23 not delivered to the defendant, ________, any money, personal property, goods, chat-
24 tels, stocks, rights, credits nor evidence of indebtedness belonging to the defendant, other
25 than earnings, since receiving said order of garnishment, and that the following is a true
26 and correct statement:
27 (1) (Money or Indebtedness Due) I hold money or am indebted to the defendant, other
28 than for earnings due and owing defendant, as of the date of this answer, in the following
29 manner and amounts: ________________________________________________________
30 (2) (Personal Property in Possession) I have possession of personal property, goods,
31 chattels, stocks, rights, credits or effects of the defendant, as of the date of this answer,
32 described and having an estimated value as follows: _______________________________
33 (3) (To be answered by garnishee who is an executor or administrator of an estate) I
34 am an _______________________________________________________________
35 (executor or administrator) 36 of the estate of ________, containing funds or property to which defendant is or may
37 become entitled as a ______________________________________________
38 (legatee or distributee)
39 and I understand that the order of garnishment has the effect of attaching and creating a
40 first and prior lien on all such property or funds to which defendant becomes entitled upon
41 distribution of the estate and that I am prohibited from delivering to defendant any such
42 property or funds until further order of the court from which the order of garnishment was
43 issued. The approximate date for distributing the assets of the estate is _____________ ,

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1 19__.
2 I will hold the above described moneys or other items in my possession, until the further
3 order of the court.
4 Further, I state that I mailed by first class mail to the plaintiff, or plaintiff's attorney if
5 represented by an attorney, a copy of this answer at the following address:
6 ____________________
7 ____________________
8 ____________________
9 on the ____ day of ________, 19__.
10

____________________

11                                              (Signature), Garnishee
12 [jurat]
13 INSTRUCTIONS TO GARNISHEE 14 This form is provided for your convenience in furnishing the answer required of you in
15 the order of garnishment. If you do not choose to use this form, your answer, under oath,
16 shall not contain less than that prescribed herein. Your answer must be filed with the clerk
17 of the above-named court within the time prescribed in the order of garnishment.
18 Sec. 5. Form No. 8a in the appendix of forms following K.S.A. 61-
19 2605 is hereby amended to read as follows:
20 Form No. 8a: GARNISHEE'S ANSWER TO ACCOMPANY ORDER OF
21 GARNISHMENT IN FORM No. 7a
22 (Caption of Case) 23 ANSWER OF GARNISHEE 24 The defendant __________________________________________
25 Terminated employment on ____________ [ ]      (check one)
26                               (date)
27 Was never employed. ________ [ ]
28

____________________

(Signature) Garnishee

30 If one of the above applies, you are not required to complete the remainder of this form
31 and it is not required to be verified. You must return the signed form within the time
32 prescribed in the order of garnishment.
33 If neither of the above applies, you must complete the remainder of this form and have
34 it verified.
35 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
36 State of Kansas
37 County of ________ ss.
38 ________ being first duly sworn, say that on the ______ day of ________,
39 19__, I was served with an order of garnishment in the above entitled action, that I have
40 delivered to the defendant, ________, only that portion of the defendant's earnings
41 authorized to be delivered to the defendant pursuant to the instructions accompanying this
42 form and that the statements in my answer are true and correct.

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1 INSTRUCTIONS TO GARNISHEE
2 The order of garnishment served upon you has the effect of attaching any pay period or
3 periods which end during the 30-day period beginning on the day you are served with the
4 order of garnishment for that portion of the defendant's earnings (defined as compensation
5 for personal services, whether denominated as wages, salary, commission, bonus or other-
6 wise) which is not exempt from wage garnishment. This form is provided for your conven-
7 ience in furnishing the answer required of you in the order. It is designed so that you may
8 prepare your answer in conjunction with the preparation of your payroll. Wait until the end
9 of the pay period or periods which end during the 30-day period beginning on the day you
10 are served with the order of garnishment and apply the tests set forth in these instructions
11 to the earnings of the defendant-employee during the 30-day period, completing your an-
12 swer in accordance with these instructions. If you do not choose to use this form, your
13 answer, under oath, shall not contain less than that prescribed herein. Your answer must be
14 filed with the clerk of the above-named court within the time prescribed in the order of
15 garnishment.
16 First, furnish the information required by paragraphs (a) through (f) of the form below.
17 Read carefully the "Note to Garnishee" following paragraph (f). Then, if the total amount
18 of the defendant-employee's disposable earnings are not exempt from wage garnishment,
19 complete paragraphs (g), (h), (i) and (j) of the form by computing the amount of defendant-
20 employee's disposable earnings which are to be paid over to the defendant-employee by
21 using the following table:
22 I. On and after April 1, 1991, if the defendant-employee's disposable earnings are less
23 than
24 $127.50 for a Weekly pay period
25 $255.00 for a Biweekly pay period
26 $276.25 for a Semimonthly pay period
27 $552.50 for a Monthly pay period
28 Pay the defendant-employee as if the employee's pay check were not garnished.
29 II. On and after April 1, 1991, if the defendant-employee's disposable earnings are
30 $127.50 to $170.00 for a Weekly pay period
31

pay the defendant-employee $127.50

32 $255.00 to $340.00 for a Biweekly pay period
33

pay the defendant-employee $255.00

34 $276.25 to $368.33 for a Semimonthly pay
35

period pay the defendant-employee $276.25

36 $552.50 to $736.67 for a Monthly pay period
37

pay the defendant-employee $552.50

38 Any disposable earnings remaining after payment of the above amounts shall be retained
39 until further order of the court.
40 III. On and after April 1, 1991, if the defendant-employee's disposable earnings are
41 more than
42 $170.00 for a Weekly pay period
43

pay the defendant-employee 75% of

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1

the defendant-employee's disposable earnings

2 $340.00 for a Biweekly pay period
3

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

5 $368.33 for a Semimonthly pay period
6

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

8 $736.67 for a Monthly pay period
9

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

11 Any disposable earnings remaining after payment of the above amounts shall be retained
12 until further order of the court.
13 IV. SUPPORT ORDERS. If the person seeking the garnishment for court ordered
14 support desires to garnish more than 50% of disposable earnings, that person may request
15 in writing to the clerk of the court to check one of the below applicable percentages:
16 55% Employee also supports a spouse or dependent child not covered by this support
17 order and payments are 12 weeks overdue.
18 60% Employee does not support a spouse or dependent child and payments are not 12
19 weeks overdue.
20 65% Employee does not support a spouse or dependent child and payments are 12
21 weeks overdue.
22 STATEMENT OF GARNISHEE
23 (a) The normal pay period for defendant is weekly ____ every two weeks ____
24 semimonthly ____ monthly ____ (designate one).
25 (b) This answer covers earnings for the pay period or periods beginning on the ______________
26 day of ________, 19__, and ending on the ____ day of ________, 19__,
27 which period includes the day on which the order of garnishment was served upon me.

28	(c)Total gross earnings due for the period or periods covered by (b)are		$__________
29	(d)Average gross earnings for normal pay period as designated in (b)are		$__________

30 (e) Amounts required by law to be withheld for the period or periods covered by (b)
31 are:

32	(1)Federal social security tax	$__________
33	(2)Federal income tax	$__________
34	(3)State income tax	$__________
35	(4)Railroad retirement tax	$__________
36	Total	$__________

37 (Deduct only those items listed above)

(f)Disposable earnings for the period or periods covered by (b) are(c minus e)

$___________

39 Note to Garnishee: If the order of garnishment states at the top of the order that it is
40 issued for the purpose of enforcing (1) an order of any court of bankruptcy under chapter

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1 XIII of the federal bankruptcy act or (2) a debt due for any state or federal tax, you must
2 retain in your possession until further order of the court all of the disposable earnings for
3 any pay period or periods ending during the 30-day period covered by the order of garnish-
4 ment shown in (f). If the order of garnishment states at the top of the order that it is issued
5 for the purpose of enforcing an order of any court for the support of any person, you must
6 retain in your possession until further order of the court 50% of the disposable earnings for
7 any pay period or periods ending during the 30-day period covered by the order of garnish-
8 ment shown in (f), or such greater percentage as may be indicated in paragraph IV. If the
9 order of garnishment is not issued for any of such purposes, compute the amount of earnings
10 which may be paid to defendant pursuant to the instructions accompanying this form and
11 furnish the information required by (g), (h), (i), (j) and (k).

12	(g)I am subtracting from the disposable earnings in (f) an amountsubject to an income withholding order for support	$___________
13	(h)In accordance with the instructions accompanying this answerform, I have determined that the amount which may be paid to defendantis	$___________
14	(i)I am withholding from the amount in (h) an administrative fee inthe amount of	$__________
15	(j)After paying to defendant the amount stated in (h) less the ad-ministrative fee in (i), I am holding the remainder of defendant's dispos-able earnings in the amount of	$__________

16 (k) If the amount in (j) exceeds the amount of the plaintiff's claim as found in the order
17 for garnishment, I am holding only the amount of the claim and paying the difference to
18 the defendant:

19	Available disposable earnings from (j)	$__________
20	Amount of claim	$__________
21	Difference paid to the defendant in addition to amount shown in (g)	$__________

22 I will hold in my possession until further order of the court all of the moneys required to
23 be withheld.
24 Further, I state that I mailed by first class mail to the plaintiff, or plaintiff's attorney if
25 represented by an attorney, a copy of this answer at the following address:
26 ____________________
27 ____________________
28 ____________________
29 on the ______ day of ________, 19__.
30

____________________

31 (Signature), Garnishee
32 [jurat]
33 ____________________ 34 Answer of garnishee must be filed with the clerk of this court pursuant to Kansas law.
35 New Sec. 6. The appendix of forms following K.S.A. 61-2605 is
36 hereby amended by adding thereto a new form as follows:

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1 Form No. 8b: NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH
2 PROPERTY OTHER THAN EARNINGS OF DEFENDANT
3 In the District Court of ________ County, Kansas 4 A.B., Plaintiff,
5    v.
6 C. D., Defendant, Case No. ________
7    and
8 E. F., Garnishee
9 TO BE DELIVERED BY THE PLAINTIFF TO THE DEFENDANT BY HAND-DE-
10 LIVERY OR FIRST CLASS MAIL WITHIN 10 DAYS AFTER FILING OF THE GAR-
11 NISHEE'S ANSWER.
12 NOTICE TO DEFENDANT 13 (nonearnings garnishment) 14 You are hereby notified that the court has issued an order in the above case in favor of
15 (name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
16 money, property or credits now in the possession of (name and address of garnishee), the
17 garnishee in this proceeding, be used to satisfy your debt to the plaintiff. This order was
18 issued to enforce the judgment obtained by the plaintiff against you in this case on (date).
19 This order prohibits the garnishee from releasing all or part of your money or property to
20 you, and the court will order that this money or property be turned over to the plaintiff
21 unless it finds that there is some reason why this money or property should not be used to
22 satisfy the judgment.
23
24 The law of Kansas and the United States provides that certain benefit payments cannot be
25 taken from you to pay a debt, even if they are deposited in a bank, savings and loan, or
26 credit union. Such payments are commonly referred to as exempt property. Examples of
27 exempt benefit payments which cannot be attached or executed upon by a creditor are:
28 (1) Social Security disability and retirement benefits;
29 (2) Supplemental Security Income (SSI) benefits;
30 (3) Veteran's benefits;
31 (4) Black lung benefits;
32 (5) Cash assistance payments under the Temporary Assistance for Families (TAF) pro-
33 gram;
34 (6) Cash assistance payments under the General Assistance (GA) program;
35 (7) Unemployment compensation payments;
36 (8) Workers compensation payments;
37 (9) Certain pension benefits and retirement funds, including KPERS.
38 This is not an exclusive list. Other state and federal exemptions may apply to you. Certain
39 exemptions may not apply to support orders or to back taxes. An attorney can assist you in
40 determining which benefit payments are exempt.
41
42 If the court order affects property other than money which belongs to you, some or all of
43 this property may also be exempt. Examples of exempt personal property are:

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1
2 (1) Furnishings, equipment and supplies in your possession and reasonably necessary
3 at your principal residence;
4 (2) Personal jewelry and other ornaments up to $1,000 in value;
5 (3) One vehicle regularly used for transportation up to $20,000 in value;
6 (4) Tools and equipment used in your principal trade or business up to $7,500 in value.
7
8 If you believe that the money or property being held by the garnishee is exempt and should
9 not be given to the plaintiff, you may request a hearing before the court to assert this claim.
10 In order to request a hearing, you should fill out the form at the bottom of this notice and
11 obtain from the clerk or court a date and time for the hearing, and file the form with the
12 clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
13 deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
14 represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
15 plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
16 plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
17 soon as possible, but no later than 10 days after this notice is served on you. If you ask for
18 a hearing to claim that your money or property is exempt, the court will hold a hearing
19 within 10 days after it receives your request. At the hearing you should present any evidence
20 you have to show that your money or property is exempt. The burden is on you to prove
21 that some or all of your property subject to the garnishment is exempt. You may wish to
22 consult an attorney to represent you at this hearing.
23 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
24 (Name and address of court) 25 Case No. ________
26 REQUEST FOR HEARING 27 I request a hearing because the money or property which is being garnished by the plaintiff
28 is exempt because it is
29 ______________________________________________________________________________
30 (reason property or money is exempt)

31	__________________________________	____________________________________________
32	Name of Defendant	Signature of Defendant
33	__________________________________	____________________________________________
34	Address	Date

35 City, State, Zip Code
36 ____________________
37 Telephone No.
38 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
39 THIS PART SHALL BE COMPLETED BY CLERK:
40 The hearing requested shall be held on the ______ day of_____________ , __, at
41 (day)
42 (month)
43 (year)

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1 ________ o'clock ________.
2 (time)
3 (am or pm)
4 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
5 Certificate of Service 6 I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
7 if the plaintiff is represented by an attorney, by hand-delivery or first-class mail in the
8 following manner and at the following address, on the date shown below:
9 ________________________________________
10 (name of plaintiff or plaintiff's attorney)
11 ________________________________________
12 (address of plaintiff or plaintiff's attorney)
13 ________________________________________
14 ________________________________________
15 (manner delivered -- hand-delivery or first-class mail)
16 ______________________________
17 (date delivered)
18

____________________

19                                              Signature of Defendant
20 New Sec. 7. The appendix of forms following K.S.A. 61-2605 is
21 hereby amended by adding thereto a new form as follows:
22 Form No. 8c: NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH
23 EARNINGS OF DEFENDANT
24 In the District Court of ________ County, Kansas 25 A.B., Plaintiff,
26    v.
27 C. D., Defendant, Case No. ________
28    and
29 E. F., Garnishee
30
31 TO BE DELIVERED BY THE PLAINTIFF TO THE DEFENDANT BY HAND-DE-
32 LIVERY OR FIRST CLASS MAIL WITHIN 10 DAYS AFTER FILING OF THE GAR-
33 NISHEE'S ANSWER.
34 NOTICE TO DEFENDANT 35 (earnings garnishment) 36 You are hereby notified that the court has issued an order in the above case in favor of
37 (name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
38 personal earnings, now in the possession of your employer, be used to satisfy some of your
39 debt to the plaintiff instead of being paid to you. This order was issued to enforce the
40 judgment obtained by the plaintiff against you in this case on (date).
41
42 This order, called a garnishment order, requires your employer to withhold a certain amount
43 from your earnings each pay period until your debt to the plaintiff is satisfied or the order
44 is released by the plaintiff or set aside by the court.

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1
2 The laws of Kansas and the United States provide that you have a right to be paid a certain
3 amount of your personal earnings regardless of the claims of your creditors. In general, this
4 amount is 75% of your earnings after federal and state taxes, social security, and any other
5 deductions required by law are taken out. If the debt is for child support or the support of
6 any other person, the protected amount is less, ranging from 35% to 50%. In addition, if
7 your earnings are less than 30 times the federal minimum hourly wage for each week in the
8 pay period, all of your earnings should be paid to you.
9
10 On each normal payday you should receive a paycheck for the amount your employer cal-
11 culates you are entitled to receive by law. Your employer should furnish you with a written
12 explanation of how the amount of your paycheck was calculated with the check.
13
14 If you believe that too much of your earnings have been withheld from your paycheck, you
15 may request a hearing before this court.
16
17 If you were unable to work at your regular job for two weeks or more because you or a
18 member of your family were sick, your earnings may not be garnished for two months after
19 recovery from such illness. You do not need to ask for a hearing to assert this right if it
20 applies to you. All you need to do is to file an affidavit with the court setting out the facts
21 about the illness and your inability to work. If the garnishment order is not released after
22 you file this affidavit, you may ask for a hearing.
23
24 In order to request a hearing, you should fill out the form at the bottom of this notice and
25 obtain from the clerk or court a date and time for the hearing, and file the form with the
26 clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
27 deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
28 represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
29 plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
30 plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
31 soon as possible, but no later than 10 days after this notice is served on you.
32
33 If you ask for a hearing, the court will hold a hearing within 10 days from the date it receives
34 your request. At the hearing, you should present any evidence you have in support of your
35 position. The burden is on you to prove that some or all of your property subject to the
36 garnishment is exempt. You may wish to consult an attorney to represent you at this hearing.
37 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
38 (Name and address of court) 39 Case No. ________
40 REQUEST FOR HEARING 41 I request a hearing to dispute the plaintiff's garnishment of my earnings because
42 ______________________________________________________________________
43 (reason)

HB 2428

1	___________________________________	____________________________________________
2	Name of Defendant	Signature of Defendant
3	___________________________________	____________________________________________
4	Address	Date

5 City, State, Zip Code
6 ____________________
7 Telephone No.
8 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
9 THIS PART SHALL BE COMPLETED BY CLERK:
10 The hearing requested shall be held on the ______ day of ______________ , __, at
11                                        (day)
12                                                       (month)
13 (year)
14 ________ o'clock ________.
15    (time)
16                   (am or pm)
17 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
18 Certificate of Service 19 I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
20 if the plaintiff is represented by an attorney, by hand-delivery or first-class mail in the
21 following manner and at the following address, on the date shown below:
22 ________________________________________
23 (name of plaintiff or plaintiff's attorney)
24 ________________________________________
25 (address of plaintiff or plaintiff's attorney)
26 ________________________________________
27 ________________________________________
28 (manner delivered -- hand-delivery or first-class mail)
29 ______________________________
30 (date delivered)
31

____________________

32 Signature of Defendant
33 Sec. 8. Form No. 7, Form No. 7a, Form No. 8 and Form No. 8a in
34 the appendix of forms following K.S.A. 61-2605 are hereby repealed.
35 Sec. 9. This act shall take effect and be in force from and after its
36 publication in the statute book.
37