Kansas Session Laws Chapter 131

CHAPTER 131 HOUSE SUBSTITUTE FOR SENATE BILL No. 306 An Act concerning debt collection; amending K.S.A. 60-717, 60-718, 60-3002 and 75-719
and Form No. 7, Form No. 7a, Form No. 8 and Form No. 8a in the appendix of Forms
following K.S.A. 61-2605 and repealing the existing sections and forms.
Be it enacted by the Legislature of the State of Kansas:

New Section 1. If a general execution is issued, a notice shall be
served on the defendant along with the writ of execution, notifying the
defendant of the following:

(a) That a general execution has been issued directing an officer to
seize any nonexempt property of the defendant to be sold in satisfaction
of the judgment against the defendant;

(b) of the defendant's right to assert any claim of exemption allowed
under the law with respect to the property seized; and

(c) of the defendant's right to a hearing on such claim.

The notice shall be substantially in the form or forms prescribed in the
appendix to this act, and shall contain a description of the exemptions
that are applicable to general executions and the procedure by which the
defendant can assert any claim of exemption. The return filed with the
writ of execution shall indicate that a copy of the notice was served on
the defendant along with the writ.

New Sec. 2. The appendix of forms following K.S.A. 60-269 is hereby
amended by adding thereto a new form as follows:

Form No. 29: NOTICE TO DEFENDANT WHERE WRIT OF GENERAL

EXECUTION ISSUED

In the District Court of ________ County, Kansas A.B., Plaintiff,

   v.
C. D., Defendant, Case No. ________
   and
E. F., Garnishee

TO BE SERVED ON THE DEFENDANT WITH THE WRIT OF EXECUTION.

NOTICE TO DEFENDANT (General Execution) You are hereby notified that the court has issued an order called a writ of execution in the
above case in favor of (name and address of plaintiff), the plaintiff in this proceeding,
directing that any of your property which is not exempt under the law be used to satisfy
your debt to the plaintiff. This order was issued to enforce the judgment obtained by the
plaintiff against you in this case on (date).

The law of Kansas and the United States provides that certain property cannot be taken
from you to pay a debt. Such property is commonly referred to as exempt property. Ex-
amples of exempt property which cannot be attached or executed upon by a creditor are:

   (1) Social Security disability and retirement benefits;

   (2) Supplemental Security Income (SSI) benefits;

(3) Veteran's benefits;

(4) Black lung benefits;

(5) Cash assistance payments under the Temporary Assistance for Families (TAF) pro-
gram;

(6) Cash assistance payments under the General Assistance (GA) program;

(7) Unemployment compensation payments;

(8) Workers compensation payments;

(9) Certain pension benefits and retirement funds, including KPERS;

(10) Furnishings, equipment and supplies in your possession and reasonably necessary
at your principal residence;

(11) Personal jewelry and other ornaments up to $1,000 in value;

(12) One vehicle regularly used for transportation up to $20,000 in value;

(13) Tools and equipment used in your principal trade or business up to $7,500 in value;

(14) Homestead (usually, your residence).

This is not an exclusive list. Other state and federal exemptions may apply to you. Certain
exemptions may not apply to support orders or to back taxes. These exemptions generally
apply only to persons and not to entities such as corporations. An attorney can assist you in
determining which of your property is exempt.

If you believe that the property which has been taken is exempt and should not be given to
the plaintiff, you may request a hearing before the court to assert this claim. In order to
request a hearing, you should fill out the form at the bottom of this notice and obtain from
the clerk or court a date and time for the hearing, and file the form with the clerk at (address
of court). Immediately after the request for hearing is filed, you shall hand-deliver a copy
of the request for hearing to the plaintiff or plaintiff's attorney, if the plaintiff is represented
by an attorney, or mail a copy of the request for hearing to the plaintiff or the plaintiff's
attorney, if the plaintiff is represented by an attorney, by first-class mail at the plaintiff's, or
plaintiff's attorney's, last known address. You should ask for this hearing as soon as possible.
If you ask for a hearing to claim that your money or property is exempt, the court will hold
a hearing after it receives your request. At the hearing you should present any evidence you
have to show that your property is exempt. The burden is on you to prove that some or all
of your property subject to the execution is exempt. You may wish to consult an attorney to
represent you at this hearing.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Name and address of court) Case No. ________

REQUEST FOR HEARING I request a hearing because the property which is being seized by the plaintiff is exempt
because it is

.

(reason property is exempt)


Name of Defendant	Signature of Defendant

Address	Date

City, State, Zip Code

____________________

Telephone No.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
THIS PART SHALL BE COMPLETED BY CLERK:

The hearing requested shall be held on the ______ day of

, __, at

                                       (day)
                                                      (month)
(year)
________ o'clock ________.

   (time)
                  (am or pm)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Certificate of Service I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following
manner and at the following address, on the date shown below:

________________________________________

(name of plaintiff or plaintiff's attorney)

________________________________________

(address of plaintiff or plaintiff's attorney)

________________________________________

________________________________________

(manner delivered--hand-delivery or first-class mail)

______________________________

(date delivered)

____________________

                                             Signature of Defendant
New Sec. 3. (a) At the same time the garnishee files the answer with
the clerk, the garnishee shall disclose on the answer in a space provided
therefor the last known address for the defendant according to the records
of the garnishee.

(b) If the garnishee's answer indicates that the garnishee is holding
funds or property of the defendant pursuant to the garnishment order,
the clerk, within 10 days after the date the copy of the answer is filed,
shall mail to the defendant by first-class mail at the defendant's last known
address a notice notifying the defendant of the following:

(1) That a garnishment order has been issued against the defendant
and a brief statement as to the effect of such order;

(2) of the defendant's right to assert any claim of exemption allowed
under the law with respect to the property garnished; and

(3) of the defendant's right to a hearing on such claim.

The notice shall be substantially in the form or forms prescribed in the
appendix to this act, and shall contain a description of the exemptions
that are applicable to garnishments and the procedure by which the judg-
ment debtor can assert any claim of exemption.

(c) The clerk shall file a certificate indicating the date the notice was
sent.

(d) If the defendant requests a hearing to assert any claim of exemp-
tion, the request shall be filed no later than 10 days following the date
the notice is served on the defendant. If a hearing is requested, the hear-
ing shall be held by the court no sooner than 5 days nor later than 10
days after the request is filed. At the time the request for hearing is filed,
the defendant shall obtain from the clerk or court the date and time for
the hearing which shall be noted on the request form. Immediately after
the request for hearing is filed, the defendant shall hand-deliver to the
plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney,
or mail to the plaintiff or plaintiff's attorney, if plaintiff is represented by
an attorney, by first-class mail at the plaintiff's, or plaintiff's attorney's,
last known address, a copy of the request for hearing.

(e) If a hearing is held, the defendant shall have the burden of proof
to show that some or all of the property subject to the garnishment is
exempt, and the court shall enter an order determining the exemption
and such other order or orders as is appropriate.

Sec. 4. Form No. 7 in the appendix of forms following K.S.A. 61-
2605 is amended to read as follows:

Form No. 7: ORDER OF GARNISHMENT AND RETURN WHERE ORDER ISSUED
TO ATTACH PROPERTY OTHER THAN EARNINGS OF DEFENDANT

In the District 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 ______ 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 file your answer, indebted to or have in your possession or
control any personal property belonging to the defendant, excluding earnings (compensation
for personal services, whether denominated as wages, salary commission, bonus or other-
wise) due and owing defendant, and stating the amount of any such indebtedness and de-
scription 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 indebt-
edness, 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.

Defendant	Plaintiff's attorney
Address	Address

Social Security #, if known

Amount of claim

Your answer shall disclose the last known address of the defendant according to your
records.

Failure to file your answer as aforesaid may entitle the plaintiff to judgment against you
for the full amount of his or her claim and costs.

(Signature), Clerk

Dated ____________

[Seal of the Court]

*(The defendant's address should be shown following his or her 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 order of garnishment, together with two (2)
copies of a form for garnishee's answer, on each of the garnishees at the time and in the
manner following, to with:

(2) Service on Defendant. I also served a copy of said order of garnishment on each of
the defendants on the dates and in the manner following, to with:

Fees

Service, First Person	$
Additional Persons	$
Persons Not Found	$
Mileage: miles	$

________

Total

Sec. 5. 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 District 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 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 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

____________________

(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 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 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. 6. Form No. 8 in the appendix of forms following K.S.A. 61-
2605 is amended to read as follows:

Form No. 8: GARNISHEE'S ANSWER TO ACCOMPANY ORDER OF GARNISH-
MENT IN FORM No. 7

(Caption of Case) ANSWER OF GARNISHEE State of Kansas

ss.
County of ________

, being first duly sworn, say that on the ______ day of ________,

19__, I was served with an order of garnishment in the above entitled action, that I have
not delivered to the defendant, ________, any money, personal property, goods, chat-
tels, stocks, rights, credits nor evidence of indebtedness belonging to the defendant, other
than earnings, since receiving said order of garnishment, and that the following is a true
and correct statement:

(1) (Money or Indebtedness Due) I hold money or am indebted to the defendant, other
than for earnings due and owing defendant, as of the date of this answer, in the following
manner and amounts:

.

(2) (Personal Property in Possession) I have possession of personal property, goods,
chattels, stocks, rights, credits or effects of the defendant, as of the date of this answer,
described and having an estimated value as follows:

.

(3) (To be answered by garnishee who is an executor or administrator of an estate) I
am an ________ of the estate of ________, containing funds

(executor or administrator)
or property to which defendant is or may become entitled as a

,

(legatee or distributee)
and I understand that the order of garnishment has the effect of attaching and creating a
first and prior lien on all such property or funds to which defendant becomes entitled upon
distribution of the estate and that I am prohibited from delivering to defendant any such
property or funds until further order of the court from which the order of garnishment was
issued. The approximate date for distributing the assets of the estate is

,

19__.

I will hold the above described moneys or other items in my possession, until the further
order of the court.

Further, I state that the last known address of the defendant according to my records is:

________________________

________________________

________________________

____________________

(Signature), Garnishee

[jurat]

INSTRUCTIONS TO GARNISHEE This form is provided for your convenience in furnishing the answer required of you in
the order of garnishment. If you do not choose to use this form, your answer, under oath,
shall not contain less than that prescribed herein. Your answer must be filed with the clerk
of the above-named court within the time prescribed in the order of garnishment.

Sec. 7. Form No. 8a in the appendix of forms following K.S.A. 61-
2605 is hereby amended to read as follows:

Form No. 8a: GARNISHEE'S ANSWER TO ACCOMPANY ORDER OF GARNISH-
MENT IN FORM No. 7a

(Caption of Case) ANSWER OF GARNISHEE The defendant

Terminated employment on ____________ [ ] (check one)
(date)
Was never employed. [ ]

________________________

(Signature) Garnishee
If one of the above applies, you are not required to complete the remainder of this form
and it is not required to be verified. You must return the signed form within the time
prescribed in the order of garnishment.

If neither of the above applies, you must complete the remainder of this form and have
it verified.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
State of Kansas

County of ________ ss.

, being first duly sworn, say that on the ____ day of ________,

19__, I was served with an order of garnishment in the above entitled action, that I have
delivered to the defendant, ________, only that portion of the defendant's earnings
authorized to be delivered to the defendant pursuant to the instructions accompanying this
form and that the statements in my answer are true and correct.

INSTRUCTIONS TO GARNISHEE

The order of garnishment served upon you has the effect of attaching any pay period or
periods which end during the 30-day period beginning on the day you are served with the
order of garnishment for that portion of the defendant's earnings (defined as compensation
for personal services, whether denominated as wages, salary, commission, bonus or other-
wise) which is not exempt from wage garnishment. This form is provided for your conven-
ience in furnishing the answer required of you in the order. It is designed so that you may
prepare your answer in conjunction with the preparation of your payroll. Wait until the end
of the pay period or periods which end during the 30-day period beginning on the day you
are served with the order of garnishment and apply the tests set forth in these instructions
to the earnings of the defendant-employee during the 30-day period, completing your an-
swer in accordance with these instructions. If you do not choose to use this form, your
answer, under oath, shall not contain less than that prescribed herein. Your answer must be
filed with the clerk of the above-named court within the time prescribed in the order of
garnishment.

First, furnish the information required by paragraphs (a) through (f) of the form below.
Read carefully the ``Note to Garnishee'' following paragraph (f). Then, if the total amount
of the defendant-employee's disposable earnings are not exempt from wage garnishment,
complete paragraphs (g), (h), (i) and (j) of the form by computing the amount of defendant-
employee's disposable earnings which are to be paid over to the defendant-employee by
using the following table:

I. On and after April 1, 1991, if the defendant-employee's disposable earnings are less
than

$127.50 for a Weekly pay period

$255.00 for a Biweekly pay period

$276.25 for a Semimonthly pay period

$552.50 for a Monthly pay period

Pay the defendant-employee as if the employee's pay check were not garnished.

II. On and after April 1, 1991, if the defendant-employee's disposable earnings are
$127.50 to $170.00 for a Weekly pay period

pay the defendant-employee $127.50

$255.00 to $340.00 for a Biweekly pay period

pay the defendant-employee $255.00

$276.25 to $368.33 for a Semimonthly pay

period pay the defendant-employee $276.25

$552.50 to $736.67 for a Monthly pay period

pay the defendant-employee $552.50

Any disposable earnings remaining after payment of the above amounts shall be retained
until further order of the court.

III. On and after April 1, 1991, if the defendant-employee's disposable earnings are
more than

$170.00 for a Weekly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$340.00 for a Biweekly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$368.33 for a Semimonthly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$736.67 for a Monthly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

Any disposable earnings remaining after payment of the above amounts shall be retained
until further order of the court.

IV. SUPPORT ORDERS. If the person seeking the garnishment for court ordered
support desires to garnish more than 50% of disposable earnings, that person may request
in writing to the clerk of the court to check one of the below applicable percentages:

55% Employee also supports a spouse or dependent child not covered by this support
order and payments are 12 weeks overdue.

60% Employee does not support a spouse or dependent child and payments are not 12
weeks overdue.

65% Employee does not support a spouse or dependent child and payments are 12
weeks overdue.

STATEMENT OF GARNISHEE

(a) The normal pay period for defendant is weekly ____ every two weeks

semimonthly ____ monthly ____ (designate one).

(b) This answer covers earnings for the pay period or periods beginning on the

day of ________, 19__, and ending on the ____ day of ________, 19__,
which period includes the day on which the order of garnishment was served upon me.

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

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

(1)Federal social security tax	$
(2)Federal income tax	$
(3)State income tax	$
(4)Railroad retirement tax	$
Total	$

(Deduct only those items listed above)

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

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

(g)I am subtracting from the disposable earnings in (f) an amount subject to an income withholding order for support	$
(h)In accordance with the instructions accompanying this answer form, I have determined that the amount which may be paid to defendant is	$
(i)I am holding from the amount in (h) an administrative fee in the amount of	$
(j)After paying to defendant the amount stated in (h) less the administrative fee in (i), I am holding the remainder of defendant's disposable earnings in the amount of	$

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

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

I will hold in my possession until further order of the court all of the moneys required to
be withheld.

Further, I state that the last known address of the defendant according to my records is
the following address:

____________________

____________________

____________________

____________________

                                             (Signature), Garnishee
[jurat]

____________________ Answer of garnishee must be filed with the clerk of this court pursuant to Kansas law.

New Sec. 8. The appendix of forms following K.S.A. 61-2605 is
hereby amended by adding thereto a new form as follows:

Form No. 8b: NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH
PROPERTY OTHER THAN EARNINGS OF DEFENDANT

In the District Court of ________ County, Kansas

A.B., Plaintiff,

   v.
C. D., Defendant, Case No. ________
   and
E. F., Garnishee

TO BE DELIVERED BY THE CLERK TO THE DEFENDANT BY FIRST CLASS
MAIL WITHIN 10 DAYS AFTER FILING OF THE GARNISHEE'S ANSWER.

NOTICE TO DEFENDANT (nonearnings garnishment) You are hereby notified that the court has issued an order in the above case in favor of
(name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
money, property or credits now in the possession of (name and address of garnishee), the
garnishee in this proceeding, be used to satisfy your debt to the plaintiff. This order was
issued to enforce the judgment obtained by the plaintiff against you in this case on (date).
This order prohibits the garnishee from releasing all or part of your money or property to
you, and the court will order that this money or property be turned over to the plaintiff
unless it finds that there is some reason why this money or property should not be used to
satisfy the judgment.

The law of Kansas and the United States provides that certain benefit payments cannot be
taken from you to pay a debt, even if they are deposited in a bank, savings and loan, or
credit union. Such payments are commonly referred to as exempt property. Examples of
exempt benefit payments which cannot be attached or executed upon by a creditor are:

(1) Social Security disability and retirement benefits;

(2) Supplemental Security Income (SSI) benefits;

(3) Veteran's benefits;

(4) Black lung benefits;

(5) Cash assistance payments under the Temporary Assistance for Families (TAF) pro-
gram;

(6) Cash assistance payments under the General Assistance (GA) program;

(7) Unemployment compensation payments;

(8) Workers compensation payments;

(9) Certain pension benefits and retirement funds, including KPERS.

This is not an exclusive list. Other state and federal exemptions may apply to you. Certain
exemptions may not apply to support orders or to back taxes. An attorney can assist you in
determining which benefit payments are exempt.

If the court order affects property other than money which belongs to you, some or all of
this property may also be exempt. Examples of exempt personal property are:

(1) Furnishings, equipment and supplies in your possession and reasonably necessary at
your principal residence;

(2) Personal jewelry and other ornaments up to $1,000 in value;

(3) One vehicle regularly used for transportation up to $20,000 in value;

(4) Tools and equipment used in your principal trade or business up to $7,500 in value.

If you believe that the money or property being held by the garnishee is exempt and should
not be given to the plaintiff, you may request a hearing before the court to assert this claim.
In order to request a hearing, you should fill out the form at the bottom of this notice and
obtain from the clerk or court a date and time for the hearing, and file the form with the
clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
soon as possible, but no later than 10 days after this notice is served on you. If you ask for
a hearing to claim that your money or property is exempt, the court will hold a hearing
within 10 days after it receives your request. At the hearing you should present any evidence
you have to show that your money or property is exempt. The burden is on you to prove
that some or all of your property subject to the garnishment is exempt. You may wish to
consult an attorney to represent you at this hearing.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Name and address of court) Case No. ________

REQUEST FOR HEARING I request a hearing because the money or property which is being garnished by the plaintiff
is exempt because it is

.

(reason property or money is exempt)


Name of Defendant	Signature of Defendant

Address	Date

, __, at

                                       (day)
                                                      (month)
(year)
________ o'clock ________.

   (time)
                  (am or pm)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Certificate of Service I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
if the plaintiff is represented by an attorney, by hand-delivery or first-class mail in the
following manner and at the following address, on the date shown below:

________________________________________

(name of plaintiff or plaintiff's attorney)

________________________________________

________________________________________

(address of plaintiff or plaintiff's attorney)

________________________________________

(manner delivered--hand-delivery or first-class mail)

______________________________

(date delivered)

____________________

                                             Signature of Defendant
New Sec. 9. The appendix of forms following K.S.A. 61-2605 is
hereby amended by adding thereto a new form as follows:

Form No. 8c: NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH
EARNINGS OF DEFENDANT

In the District Court of ________ County, Kansas A.B., Plaintiff,

   v.
C. D., Defendant, Case No. ________
   and
E. F., Garnishee

TO BE DELIVERED BY THE CLERK TO THE DEFENDANT BY FIRST CLASS
MAIL WITHIN 10 DAYS AFTER FILING OF THE GARNISHEE'S ANSWER.

NOTICE TO DEFENDANT (earnings garnishment) You are hereby notified that the court has issued an order in the above case in favor of
(name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
personal earnings, now in the possession of your employer, be used to satisfy some of your
debt to the plaintiff instead of being paid to you. This order was issued to enforce the
judgment obtained by the plaintiff against you in this case on (date).

This order, called a garnishment order, requires your employer to withhold a certain amount
from your earnings each pay period until your debt to the plaintiff is satisfied or the order
is released by the plaintiff or set aside by the court.

The laws of Kansas and the United States provide that you have a right to be paid a certain
amount of your personal earnings regardless of the claims of your creditors. In general, this
amount is 75% of your earnings after federal and state taxes, social security, and any other
deductions required by law are taken out. If the debt is for child support or the support of
any other person, the protected amount is less, ranging from 35% to 50%. In addition, if
your earnings are less than 30 times the federal minimum hourly wage for each week in the
pay period, all of your earnings should be paid to you.

On each normal payday you should receive a paycheck for the amount your employer cal-
culates you are entitled to receive by law. Your employer should furnish you with a written
explanation of how the amount of your paycheck was calculated with the check.

If you believe that too much of your earnings have been withheld from your paycheck, you
may request a hearing before this court.

If you were unable to work at your regular job for two weeks or more because you or a
member of your family were sick, your earnings may not be garnished for two months after
recovery from such illness. You do not need to ask for a hearing to assert this right if it
applies to you. All you need to do is to file an affidavit with the court setting out the facts
about the illness and your inability to work. If the garnishment order is not released after
you file this affidavit, you may ask for a hearing.

In order to request a hearing, you should fill out the form at the bottom of this notice and
obtain from the clerk or court a date and time for the hearing, and file the form with the
clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
soon as possible, but no later than 10 days after this notice is served on you.

If you ask for a hearing, the court will hold a hearing within 10 days from the date it receives
your request. At the hearing, you should present any evidence you have in support of your
position. The burden is on you to prove that some or all of your property subject to the
garnishment is exempt. You may wish to consult an attorney to represent you at this hearing.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Name and address of court) Case No. ________

REQUEST FOR HEARING I request a hearing to dispute the plaintiff's garnishment of my earnings because

.

(reason)


Name of Defendant	Signature of Defendant

Address	Date

, __, at

                                       (day)
                                                      (month)
(year)
________ o'clock ________.

   (time)
                  (am or pm)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Certificate of Service I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
if the plaintiff is represented by an attorney, by hand-delivery or first-class mail in the
following manner and at the following address, on the date shown below:

________________________________________

(name of plaintiff or plaintiff's attorney

________________________________________

________________________________________

(address of plaintiff or plaintiff's attorney)

________________________________________

(manner delivered--hand-delivery or first-class mail)

______________________________

(date delivered)

____________________

Signature of Defendant
Sec. 10. 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 at-
tachment, 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 defend-
ant 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.

``Your answer shall disclose the last known address of the defendant according to your
records.

``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) An order of garnishment, issued independently of an attachment
as an aid for the enforcement of a judgment and for the purpose of
attaching earnings of the defendant shall include the defendant's address
and social security number, if known, the address of the plaintiff's attor-
ney 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 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 com-
pliance with this order.

Defendant	Plaintiff's attorney
Address	Address

Social Security #, if known ______________

Amount of claim ______

``Your answer shall disclose the last known address of the defendant according to your
records.

``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.''

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) an order of any court for the support
of any person, (2) an order of any court of bankruptcy under chapter XIII
of the federal bankruptcy act or (3) 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 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.

From earnings due to defendant, the garnishee may withhold and re-
tain 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.

(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.

New Sec. 11. (a) At the same time the garnishee files the answer
with the clerk, the garnishee shall disclose on the answer in a space pro-
vided therefor the last known address for the defendant according to the
records of the garnishee.

(b) If the garnishee's answer indicates that the garnishee is holding
funds or property of the defendant pursuant to the garnishment order,
the clerk shall, within 10 days after the date the answer is filed, mail to
the defendant by first-class mail at the defendant's last known address a
notice notifying the defendant of the following:

(1) That a garnishment order has been issued against the defendant
and a brief statement as to the effect of such order;

(2) of the defendant's right to assert any claim of exemption allowed
under the law with respect to the property garnished; and

(3) of the defendant's right to a hearing on such claim.

The notice shall contain a description of the exemptions that are ap-
plicable to garnishments and the procedure by which the judgment
debtor can assert any claim of exemption.

(c) The clerk shall file a certificate indicating the date the notice was
sent.

(d) If the defendant requests a hearing to assert any claim of exemp-
tion, the request shall be filed no later than 10 days following the date
the notice is served on the defendant. If a hearing is requested, the hear-
ing shall be held by the court no sooner than five days nor later than 10
days after the request is filed. At the time the request for hearing is filed,
the defendant shall obtain from the clerk or court the date and time for
the hearing which shall be noted on the request form. Immediately after
the request for hearing is filed, the defendant shall hand-deliver to the
plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney,
or mail to the plaintiff or plaintiff's attorney, if plaintiff is represented by
an attorney, by first-class mail at the plaintiff's, or plaintiff's attorney's,
last known address, a copy of the request for hearing.

(e) If a hearing is held, the defendant shall have the burden of proof
to show that some or all of the property subject to the garnishment is
exempt, and the court shall enter an order determining the exemption
and such other order or orders as is appropriate.

Sec. 12. K.S.A. 60-718 is hereby amended to read as follows: 60-718.
(a) Within 10 days after service upon a garnishee of an order of garnish-
ment issued to attach any property, funds, credits or indebtedness be-
longing to or owing the defendant, other than earnings, the garnishee
shall file a verified answer thereto with the clerk of the court, stating the
facts with respect to the demands of the order. The answer of the gar-
nishee shall be sufficient if substantially in the following form, but the
garnishee's answer shall contain not less than that prescribed in the form:

ANSWER OF GARNISHEE State of Kansas

County of ________

________ being first duly sworn, say that on the ______ day of ________,
19__, I was served with an order of garnishment in the above entitled action, that I have
not delivered to the defendant ________, any money, personal property, goods, chat-
tels, stocks, rights, credits nor evidence of indebtedness belonging to the defendant, other
than earnings, since receiving the order of garnishment, and that the following is a true and
correct statement:

(1) (Money or indebtedness due) I hold money or am indebted to the defendant, other
than for earnings due and owing defendant, as of the date of this answer, in the following
manner and amounts: ________.

(2) (Personal property in possession) I have possession of personal property, goods,
chattels, stocks, rights, credits, or effects of the defendant, as of the date of this answer,
described and having an estimated value as follows: ____________.

(3) (To be answered by garnishee who is an executor or administrator of an estate) I
am an ________ (executor or administrator) of the estate of ________ containing
funds or property to which defendant is or may become entitled as a ________, (legatee
or distributee) and I understand that the order of garnishment shall attach and create a first
and prior lien on all such property or funds to which defendant becomes entitled upon
distribution of the estate and that I am prohibited from delivering to defendant any such
property or funds until further order of the court from which the order of garnishment was
issued. The approximate date for distributing the assets of the estate is

, 19__.

I will hold the above described moneys or other items in my possession, until the further
order of the court.

Further, I state that the last know address of the defendant according to my records is the
following address:

____________________

____________________

____________________

____________________

(Signature), Garnishee
Subscribed and sworn to before me this ______ day of ________, 19__.

INSTRUCTIONS TO GARNISHEE

This form is provided for your convenience in furnishing the answer required of you in
the order of garnishment. If you do not choose to use this form, your answer, under oath,
shall not contain less than that prescribed herein. Your answer must be filed with the clerk
of the above-named court within the time prescribed in the order of garnishment.

(b) Within 40 days after service upon a garnishee of an order of gar-
nishment issued for the purpose of attaching any earnings due and owing
the defendant, the garnishee shall file an answer thereto with the clerk
of the court, stating the facts with respect to the demands of the order.
If the defendant is not employed by the garnishee or has terminated
employment with the garnishee, the answer is not required to be verified.
Otherwise, the answer shall be verified. The answer of the garnishee is
declared to be sufficient if substantially in the following form, but the
garnishee's answer shall contain not less than that prescribed in the form:

ANSWER OF GARNISHEE The defendant

Terminated employment on ____________ [ ] Check

(date)

one

Was never employed ________ [ ]

(Signature) Garnishee
If one of the above applies, you are not required to complete the remainder of this form
and it is not required to be verified. You must return the form within the time prescribed
in the order of garnishment.

If neither of the above applies, you must complete the remainder of this form and have
it verified.

State of Kansas

County of ________

________, being first duly sworn, say that on the ______ day of ________,
19__, I was served with an order of garnishment in the above entitled action, that since
being served with said order I have delivered to the defendant ________, only that
portion of the defendant's earnings authorized to be delivered to the defendant pursuant to
the instructions accompanying this form and that the statements in my answer are true and
correct.

INSTRUCTIONS TO GARNISHEE

The order of garnishment served upon you has the effect of attaching any pay period or
periods which end during the 30-day period beginning on the day you are served with the
order of garnishment for that portion of the defendant's earnings (defined as compensation
for personal services, whether denominated as wages, salary, commission, bonus or other-
wise) which is not exempt from wage garnishment. This form is provided for your conven-
ience in furnishing the answer required of you in the order. It is designed so that you may
prepare your answer in conjunction with the preparation of your payroll. Wait until the end
of the pay period or periods which end during the 30-day period beginning on the day you
are served with the order of garnishment and apply the tests set forth in these instructions
to the earnings of the defendant-employee during the 30-day period, completing your an-
swer in accordance with these instructions. If you do not choose to use this form, your
answer, under oath, shall not contain less than that prescribed herein. Your answer must be
filed with the clerk of the above-named court within the time prescribed in the order of
garnishment.

First, furnish the information required by paragraphs (a) through (f) of the form below.
Read carefully the ``Note to Garnishee'' following paragraph (f). Then, if the total amount
of the defendant-employee's disposable earnings are not exempt from wage garnishment,
complete paragraphs (g), (h), (i) and (j) of the form by computing the amount of defendant-
employee's disposable earnings which are to be paid over to the defendant-employee by
using the following table:

I. On and after April 1, 1991, if the defendant-employee's disposable earnings are less
than

$127.50 for a Weekly pay period

$255.00 for a Biweekly pay period

$276.25 for a Semimonthly pay period

$552.50 for a Monthly pay period

Pay the defendant-employee as if the employee's pay check were not garnished.

II. On and after April 1, 1991, if the defendant-employee's disposable earnings are

$127.50 to $170.00 for a Weekly pay period

pay the defendant-employee $127.50

$255.00 to $340.00 for a Biweekly pay period

pay the defendant-employee $255.00

$276.25 to $368.33 for a Semimonthly pay period

pay the defendant-employee $276.25

$552.50 to $736.67 for a Monthly pay period

pay the defendant-employee $552.50

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$340.00 for a Biweekly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$368.33 for a Semimonthly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

$736.67 for a Monthly pay period

pay the defendant-employee 75% of

the defendant-employee's disposable earnings

semimonthly ____ monthly ____ (designate one).

(b) This answer covers earnings for the pay period or periods beginning on the

day of ________, 19__, and ending on the ____ day of ________, 19__,
which period includes the day on which the order of garnishment was served upon me.

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

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

(1)Federal social security tax	$
(2)Federal income tax	$
(3)State income tax	$
(4)Railroad retirement tax	$
Total	$

(Deduct only those items listed above)

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

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

(g)I am subtracting from the disposable earnings in (f) an amount subject to an income withholding order for support	$
(h)In accordance with the instructions accompanying this answer form, I have determined that the amount which may be paid to defendant is	$
(i)I am withholding from the amount in (h) an administrative fee in the amount of	$
(j)After paying to defendant the amount stated in (h) less the administrative fee in (i), I am holding the remainder of defendant's disposable earnings in the amount of	$

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

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

I will hold in my possession until further order of the court all of the moneys required
herein to be withheld.

Further, I state that the last known address of the defendant according to my record is the
following address:

____________________

____________________

____________________

____________________

                                             (Signature), Garnishee
Subscribed and sworn to before me this ____ day of ________, 19__.

Answer of garnishee must be filed with the clerk of this court pursuant to Kansas law.

(c) The clerk shall cause a copy of the answer to be mailed promptly
to the plaintiff and the defendant. Within 10 days after the filing of the
answer the plaintiff or the defendant or both of them may reply thereto
controverting any statement in the answer. If the garnishee fails to answer
within the time and manner herein specified, the court may grant judg-
ment against garnishee for the amount of the plaintiff's judgment or claim
against the defendant, but if the claim of the plaintiff has not been re-
duced to judgment, the liability of the garnishee shall be limited to the
judgment ultimately rendered against the defendant. Such judgments
may be taken only upon written motion and notice given in accordance
with K.S.A. 60-206 and amendments thereto. Notwithstanding the fore-
going, if the garnishee is a public officer for the state or any instrumen-
tality thereof and the indebtedness sought by plaintiff to be withheld from
defendant is an indebtedness to defendant incurred by or on behalf of
the state or any instrumentality thereof, judgment against the state or
such instrumentality shall be limited to an amount for claim and costs not
exceeding the total amount of the indebtedness of the state or instru-
mentality thereof to defendant. If the garnishee answers as required
herein and no reply thereto is filed within 10 days, the allegations of the
answer are deemed to be confessed. If a reply is filed as herein provided,
the court shall try the issues joined, the burden being upon the party
filing the reply to disprove the sworn statements of the answer, except
that the garnishee shall have the burden of proving offsets or indebted-
ness claimed to be due from the defendant to the garnishee, or liens
asserted by the garnishee against property of the defendant.

New Sec. 13. The appendix of forms following K.S.A. 60-269 is
hereby amended by adding thereto a new form as follows:

Form No. 27. NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH EARNINGS OF
DEFENDANT

In the District Court of ________ County, Kansas A.B., Plaintiff,

   v.
C. D., Defendant, Case No. ________
   and
E. F., Garnishee

TO BE DELIVERED TO THE DEFENDANT BY FIRST CLASS MAIL WITHIN 10
DAYS AFTER FILING OF THE GARNISHEE'S ANSWER.

NOTICE TO DEFENDANT (earnings garnishment) You are hereby notified that the court has issued an order in the above case in favor of
(name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
personal earnings, now in the possession of your employer, be used to satisfy some of your
debt to the plaintiff instead of being paid to you. This order was issued to enforce the
judgment obtained by the plaintiff against you in this case on (date).

This order, called a garnishment order, requires your employer to withhold a certain amount
from your earnings each pay period until your debt to the plaintiff is satisfied or the order
is released by the plaintiff or set aside by the court.

The laws of Kansas and the United States provide that you have a right to be paid a certain
amount of your personal earnings regardless of the claims of your creditors. In general, this
amount is 75% of your earnings after federal and state taxes, social security, and any other
deductions required by law are taken out. If the debt is for child support or the support of
any other person, the protected amount is less, ranging from 35% to 50%. In addition, if
your earnings are less than 30 times the federal minimum hourly wage for each week in the
pay period, all of your earnings should be paid to you.

On each normal payday you should receive a paycheck for the amount your employer cal-
culates you are entitled to receive by law. Your employer should furnish you with a written
explanation of how the amount of your paycheck was calculated with the check.

If you believe that too much of your earnings have been withheld from your paycheck, you
may request a hearing before this court.

If you were unable to work at your regular job for two weeks or more because you or a
member of your family were sick, your earnings may not be garnished for two months after
recovery from such illness. You do not need to ask for a hearing to assert this right if it
applies to you. All you need to do is to file an affidavit with the court setting out the facts
about the illness and your inability to work. If the garnishment order is not released after
you file this affidavit, you may ask for a hearing.

In order to request a hearing, you should fill out the form at the bottom of this notice and
obtain from the clerk or court a date and time for the hearing, and file the form with the
clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
soon as possible, but no later than 10 days after this notice is served on you.

If you ask for a hearing, the court will hold a hearing within 10 days from the date it receives
your request. At the hearing, you should present any evidence you have in support of your
position. The burden is on you to prove that some or all of your property subject to the
garnishment is exempt. You may wish to consult an attorney to represent you at this hearing.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Name and address of court) Case No. ________

REQUEST FOR HEARING I request a hearing to dispute the plaintiff's garnishment of my earnings because

.

(reason)

Name of Defendant

Signature of Defendant

Address

Date

City, State, Zip Code

Telephone No.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
THIS PART SHALL BE COMPLETED BY CLERK:

The hearing requested shall be held on the ______ day of

, __, at

                                       (day)
                                                      (month)
(year)
________ o'clock ________.

   (time)
                  (am or pm)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Certificate of Service I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following
manner and at the following address, on the date shown below:

________________________________________

(Name of plaintiff or plaintiff's attorney

________________________________________

________________________________________

(address of plaintiff or plaintiff's attorney)

________________________________________

(manner delivered--hand-delivery or first-class mail)

______________________________

(date delivered)

____________________

                                             Signature of Defendant
New Sec. 14. The appendix of forms following K.S.A. 60-269 is
hereby amended by adding thereto a new form as follows:

Form No. 28. NOTICE TO DEFENDANT WHERE ORDER ISSUED TO ATTACH PROPERTY
OTHER THAN EARNINGS OF DEFENDANT

In the District Court of ________ County, Kansas A.B., Plaintiff,

   v.
C. D., Defendant, Case No. ________
   and
E. F., Garnishee

TO BE DELIVERED TO THE DEFENDANT BY FIRST CLASS MAIL WITHIN 10
DAYS AFTER FILING OF THE GARNISHEE'S ANSWER.

NOTICE TO DEFENDANT (non-earnings garnishment) You are hereby notified that the court has issued an order in the above case in favor of
(name and address of plaintiff), the plaintiff in this proceeding, directing that some of your
money, property or credits now in the possession of (name and address of garnishee), the
garnishee in this proceeding, be used to satisfy your debt to the plaintiff. This order was
issued to enforce the judgment obtained by the plaintiff against you in this case on (date).
This order prohibits the garnishee from releasing all or part of your money or property to
you, and the court will order that this money or property be turned over to the plaintiff
unless it finds that there is some reason why this money or property should not be used to
satisfy the judgment.

The law of Kansas and the United States provides that certain benefit payments cannot be
taken from you to pay a debt, even if they are deposited in a bank, savings and loan, or
credit union. Such payments are commonly referred to as exempt property. Examples of
exempt benefit payments which cannot be attached or executed upon by a creditor are:

(1) Social Security disability and retirement benefits;

(2) Supplemental Security Income (SSI) benefits;

(3) Veteran's benefits;

(4) Black lung benefits;

(5) Cash assistance payments under the Temporary Assistance for Families (TAF) pro-
gram;

(6) Cash assistance payments under the General Assistance (GA) program;

(7) Unemployment compensation payments;

(8) Workers compensation payments;

(9) Certain pension benefits and retirement funds, including KPERS.

This is not an exclusive list. Other state and federal exemptions may apply to you. Certain
exemptions may not apply to support orders or to back taxes. An attorney can assist you in
determining which benefit payments are exempt.

If the court order affects property other than money which belongs to you, some or all of
this property may also be exempt. Examples of exempt personal property are:

(1) Furnishings, equipment and supplies in your possession and reasonably necessary at
your principal residence;

(2) Personal jewelry and other ornaments up to $1,000 in value;

(3) One vehicle regularly used for transportation up to $20,000 in value;

(4) Tools and equipment used in your principal trade or business up to $7,500 in value.

If you believe that the money or property being held by the garnishee is exempt and should
not be given to the plaintiff, you may request a hearing before the court to assert this claim.
In order to request a hearing, you should fill out the form at the bottom of this notice and
obtain from the clerk or court a date and time for the hearing, and file the form with the
clerk at (address of court). Immediately after the request for hearing is filed, you shall hand-
deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is
represented by an attorney, or mail a copy of the request for hearing to the plaintiff or
plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the
plaintiff's, or plaintiff's attorney's, last known address. You should ask for this hearing as
soon as possible, but no later than 10 days after this notice is served on you. If you ask for
a hearing to claim that your money or property is exempt, the court will hold a hearing
within 10 days after it receives your request. At the hearing you should present any evidence
you have to show that your money or property is exempt. The burden is on you to prove
that some or all of your property subject to the garnishment is exempt. You may wish to
consult an attorney to represent you at this hearing.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Name and address of court) Case No. ________

REQUEST FOR HEARING I request a hearing because the money or property which is being garnished by the plaintiff
is exempt because it is

.

(reason property or money is exempt)

Name of Defendant

Signature of Defendant

Address

Date

City, State, Zip Code

Telephone No.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
THIS PART SHALL BE COMPLETED BY CLERK:

The hearing requested shall be held on the ______ day of

, __, at

                                       (day)
                                                      (month)
(year)
________ o'clock ________.

   (time)
                  (am or pm)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Certificate of Service I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney,
if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following
manner and at the following address, on the date shown below:

________________________________________

(name of plaintiff or plaintiff's attorney

________________________________________

________________________________________

(address of plaintiff or plaintiff's attorney)

________________________________________

(manner delivered--hand-delivery or first-class mail)

______________________________

(date delivered)

____________________

Signature of Defendant
Sec. 15. K.S.A. 60-3002 is hereby amended to read as follows: 60-
3002. A copy of any foreign judgment authenticated in accordance with
the act of congress or, the statutes of this state or certified in accordance
with the statutes of the state in which the judgment was rendered, may
be filed in the office of the clerk of any district court of this state. Such
copy must be filed by an attorney licensed to practice law in the state of
Kansas. The clerk of the district court shall treat the foreign judgment in
the same manner as a judgment of the district court of this state. A judg-
ment so filed as provided by this section has the same effect and is subject
to the same procedures, defenses and proceedings as a judgment of a
district court of this state and may be enforced or satisfied in like manner,
except that, if, at the time of filing of the foreign judgment in this state,
the judgment is enforceable in the state or jurisdiction where it was orig-
inally rendered, the statutes of limitations contained in article 5 of chapter
60 of the Kansas Statutes Annotated shall not be a defense to the judgment
or the filing of the foreign judgment in this state.

Sec. 16. K.S.A. 75-719 is hereby amended to read as follows: 75-719.
(a) The attorney general is authorized to enter into contracts in accord-
ance with this section for collection services for debts owed to courts or
restitution owed under an order of restitution. On and after July 1, 1999,
the cost of collection shall be paid by the defendant as an additional court
cost in all criminal, traffic and juvenile offender cases where the defendant
fails to pay any amount ordered by the court and the court utilizes the
services of a contracting agent pursuant to this section. The cost of col-
lection shall be deemed an administrative fee to pay the actual costs of
collection made necessary by the defendant's failure to pay court debt and
restitution.

(b) As used in this section:

(1) ``Beneficiary under an order of restitution'' means the victim or
victims of a crime to whom a district court has ordered restitution be
paid;

(2) ``contracting agent'' means a person, firm, agency or other entity
who contracts hereunder to provide collection services;

(3) ``cost of collection'' means the fee specified in contracts hereunder
to be paid to or retained by a contracting agent for collection services.
``Cost of collection'' also includes any filing fee required under K.S.A. 60-
4303 and amendments thereto or administrative costs prescribed by the
attorney general pursuant to rules and regulations; and

(4) ``debts owed to courts'' means any assessment of court costs, fines,
fees, moneys expended by the state in providing counsel and other de-
fense services to indigent defendants or other charges which a district
court judgment has ordered to be paid to the court, and which remain
unpaid in whole or in part, and includes any interest or penalties on such
unpaid amounts as provided for in the judgment or by law. Debts owed
to courts also includes the cost of collection when collection services of
a contracting agent hereunder are utilized.

(c) (1) Contracts authorized by this section may be entered into with
state or federal agencies or political subdivisions of the state of Kansas,
including contracts for participation in the collection program authorized
by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also
may be entered into with private firms or individuals selected by a pro-
curement negotiation committee in accordance with K.S.A. 75-37,102
and amendments thereto, except that the attorney general shall designate
a representative to serve as the chief administrative officer member of
such committee and that the other two members of such committee shall
be designated by the director of purchases and the judicial administrator.

(2) Prior to negotiating any contract for collection services, this pro-
curement negotiation committee shall advertise for proposals, negotiate
with firms and individuals submitting proposals and select among those
submitting such proposals the party or parties to contract with for the
purpose of collection services.

(3) The attorney general may adopt rules and regulations as deemed
appropriate for the administration of this section, including procedures
to be used in the negotiation and execution of contracts pursuant to this
section and procedures to be followed by those who utilize collection
services under such contracts.

(4) For purposes of this section, the agencies, firms or individuals
with whom contracts are entered under this section shall be known as
contracting agents. The attorney general shall publish a list of the con-
tracting agents for use by courts or beneficiaries under orders of resti-
tution who desire to utilize the collection services of such agents.

(5) Each contract entered pursuant to this section shall provide for a
fee to be paid to or retained by the contracting agent for collection serv-
ices. Such fee shall be designated as the cost of collection hereunder, and
shall not exceed 33% of the amount ~~of the debt to be~~ collected. The cost
of collection shall be ~~deducted~~ paid from the amount collected ~~and~~, but
shall not be ~~in addition to~~ deducted from the debts owed to courts or
restitution.

(d) Judicial districts of the state of Kansas are authorized to utilize
the collection services of contracting agents pursuant to this section for
the purpose of collecting all outstanding debts owed to courts. Subject to
rules and orders of the Kansas supreme court, each judicial district may
establish by local rule guidelines for the compromise of court costs, fines,
attorney fees and other charges assessed in district court cases.

(e) Any beneficiary under an order of restitution entered by a court
after this section takes effect is authorized to utilize the collection services
of contracting agents pursuant to this section for the purpose of collecting
all outstanding amounts owed under such order of restitution.

(f) Contracts entered hereunder shall provide for the payment of any
amounts collected to the clerk of the district court for the court in which
the debt being collected originated, after first deducting the collection fee.
In accounting for amounts collected from any person pursuant to this
section, the district court clerk shall credit the person's amount owed in
the amount of the ~~gross~~ net proceeds collected and shall not reduce the
amount owed by any person by that portion of any payment which con-
stitutes the cost of collection pursuant to this section.

(g) With the appropriate cost of collection paid to the contracting
agent as agreed upon in the contract hereunder, the clerk shall then
distribute amounts collected hereunder as follows:

(1) When collection services are utilized pursuant to subsection (d),
all amounts shall be applied against the debts owed to the court as spec-
ified in the original judgment creating the debt;

(2) when collection services are utilized pursuant to subsection (e),
all amounts shall be paid to the beneficiary under the order of restitution
designated to receive such restitution, except where that beneficiary has
received recovery from the Kansas crime victims compensation board and
such board has subrogation rights pursuant to K.S.A. 74-7312 and amend-
ments thereto, in which case all amounts shall be paid to the board until
its subrogation lien is satisfied.

(h) Whenever collection services are being utilized against the same
debtor pursuant to both subsections (d) and (e), any amounts collected
by a contracting agent shall be first applied to satisfy subsection (e) debts,
debts pursuant to an order of restitution. Upon satisfaction of all such
debts, amounts received from the same debtor shall then be applied to
satisfy subsection (d) debts, debts owed to courts.

Sec. 17. K.S.A. 60-717, 60-718, 60-3002 and 75-719 and Form No.
7, Form No. 7a, Form No. 8 and Form No. 8a in the appendix of forms
following K.S.A. 61-2605 are hereby repealed.

Sec. 18. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 25, 1999.
__________