Source or prior law:

(a). L. 1889, ch. 151, § 3; L. 1909, ch. 182, § 231; R.S. 1923, 60-943.

(b). L. 1889, ch. 151, § 3; L. 1909, ch. 182, § 231; R.S. 1923, 60-943.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-943 and the 1961 Supp. thereto.

1. Mentioned in relation to rights between substituted judgment creditor under K.S.A. 60-2405 and garnisher. Nelson v. Boula, 207 Kan. 771, 773, 486 P.2d 1340.

2. Effect of order of garnishment is to attach credits and indebtedness due from garnishee; judgment held proper. Washburn v. Andrew, 209 Kan. 436, 438, 439, 496 P.2d 1376.

3. Applied with K.S.A. 60-718 and 60-719; debt not garnishable for personal service where advance payments made; absence of fraud. Harpster v. Reynolds, 215 Kan. 327, 332, 524 P.2d 212.

4. Garnishment is extraordinary remedy and statutory procedures must be strictly followed. Mailing order of garnishment to defendant 10 days after issuance held inadequate. Nelson v. Thornberg, 504 F. Supp. 199, 202.

5. Money due independent contractor under construction contract not earnings, not within partial exemption provisions of garnishment statute. Coward v. Smith, 6 Kan. App. 2d 863, 864, 636 P.2d 793 (1981).

6. Where garnishee files an answer denying liability, and the 20-day period for contesting the answer has passed, the plaintiff is precluded from testing the sufficiency of the answer. Kansas Sand & Concrete, Inc. v. Lewis, 8 Kan. App. 2d 91, 94, 650 P.2d 718 (1982).

7. Garnishee must account for debtor's property in its hands when garnishment order is served and all property coming into its hands until the answer is filed. Capital Services, Inc. v. Dahlinger Pontiac-Cadillac, Inc., 232 Kan. 419, 421, 657 P.2d 36 (1983).

8. Parent with duty to support not entitled to notice, prior to garnishment, of assignment of support payments to S.R.S. Whisler v. Whisler, 9 Kan. App. 2d 624, 627, 628, 684 P.2d 1025 (1984).

9. Cited; special payroll account at bank not subject to garnishment; debtor could not have used money therein to pay creditor. Capital Serv., Inc. v. Dahlinger Pontiac-Cadillac, Inc., 10 Kan. App. 2d 328, 330, 699 P.2d 549 (1985).

10. Cited; ten-day requirement in K.S.A. 60-718(c) not applicable to claim of exemptions from garnishment. Bartlett cooperative Ass'n v. Patton, 239 Kan. 628, 629, 630, 722 P.2d 551 (1986).

11. Creditor's lien from garnishment order served more than 90 days before bankruptcy as prior to bankruptcy trustee's claim examined. In re Boden, 61 B.R. 329, 331 (1986).

12. Notice of postjudgment garnishment not required to be served on judgment debtor; notice of garnishee's answer required. DeKalb Swine Breeders, Inc. v. Woolwine Supply Co., 248 Kan. 673, 677, 809 P.2d 1223 (1991).

13. Monthly payments due judgment debtor from former spouse under divorce property settlement subject to garnishment only as they come due. Curiel v. Quinn, 17 Kan. App. 2d 125, 128, 832 P.2d 1206 (1992).

14. Properly garnished wages never exempt; lien not avoidable under bankruptcy code § 522(f). In re Rodriquez, 140 B.R. 562 (1992).

15. Service upon garnishee defendant using state statute was inadequate to give court personal jurisdiction. In re American Freight System, Inc., 153 B.R. 906, 907 (1992).

16. Cited in holding creditor's garnishment order attaches only to discretionary trust funds paid directly to beneficiary. Wilcox v. Gentry, 18 Kan. App. 2d 356, 363, 853 P.2d 74 (1993).