Statute 61-3514: Failure of garnishee to answer.
If
the garnishee fails to answer within
the time and
manner specified in the order of garnishment, the judgment creditor may file a
motion and
shall send a copy of the motion to the garnishee and the judgment debtor in the
manner
allowed under
K.S.A. 61-2907, and amendments thereto. At the hearing
on
the motion, the
court may grant
judgment against the garnishee for the amount of the judgment creditor's
judgment or claim
against the judgment debtor or for such other amount as the court deems
reasonable and
proper, and for the expenses and attorney fees of the judgment creditor. If
the claim of the
plaintiff has not been reduced to judgment, the liability of the garnishee
shall be limited to the
judgment ultimately rendered against the judgment debtor.
History: L. 2000, ch. 161, § 59; Jan. 1, 2001.