60-703. Attachments, how obtained. The order of attachment shall be issued by a judge of the district court upon the filing of a petition stating the claim and the filing of an affidavit, or an affidavit and bond as required in this article, except that no order of attachment shall be issued before judgment on plaintiff's claim where the property of the defendant to be attached is in the possession of a third party and is in the form of earnings due and owing to the defendant. The filing of an affidavit stating one or more grounds of attachment is required in every case. A bond is required in every case except in actions instituted on behalf of the state of Kansas or a county of the state. The order of attachment may be issued and executed on Sunday, a legal holiday, or a day on which the office of the clerk of the court is not accessible if the affidavit states that the party seeking the attachment will lose the benefit thereof unless the writ be issued or served on such day. The provisions of this section shall not be applicable to garnishments authorized pursuant to K.S.A. 23-2707, and amendments thereto.
History: L. 1963, ch. 303, 60-703; L. 1970, ch. 238, § 5; L. 1977, ch. 202, § 2; L. 1979, ch. 183, § 1; L. 2010, ch. 11, § 15; L. 2012, ch. 162, § 78; May 31.
Source or prior law:
G.S. 1868, ch. 80, §§ 191, 192; L. 1870, ch. 87, § 5; L. 1909, ch. 182, §§ 191, 192; L. 1921, ch. 214, § 1; R.S. 1923, 60-902 through 60-904.
Law Review and Bar Journal References:
"Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51, 52 (1967).
Discussion of changes in law relating to attachment and garnishment procedure, Robert F. Bennett, 39 J.B.A.K. 107, 179 (1970).
Giving bond to garnish debtor prior to judgment discussed in "Wage Garnishment: Reform of the Law in Kansas," Richard S. Wetzler, 18 K.L.R. 925, 935 (1970).
"Civil Procedure: Kansas Prejudgment Attachment and the Due Process Clause," Scott J. Gunderson, 17 W.L.J. 163, 169 (1977).
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 187 (1979).
"Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129, 136 (1980).
"1979 Family Law Legislation," H. Reed Walker, 3 J.K.T.L.A. No. 4, 20, 22 (1980).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-902, 60-903.
1. Kansas attachment procedure held unconstitutional; violation of due process; reasons. Hillhouse v. City of Kansas City, 221 Kan. 369, 374, 377, 559 P.2d 1148.
2. Action to recover damages for unlawful prejudgment attachment presents no valid cause under federal law for deprivation of rights. Long v. Citizen's Bank & Trust Co. of Manhattan, 563 F. Supp. 1203, 1205, 1215 (1983).
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