DCR 3.116 Garnishments

In garnishments in this District: 

1. The clerk shall issue the garnishment by mail to the employer, bank or other garnishee.

2. A judgment creditor may include in a garnishment order to pay in or pay out, that the garnishee forward the funds directly to the judgment creditor. This subsection shall apply in all Chapter 60 and 61 cases, except for small claims where the funds shall be paid first to the clerk.

3. Any order, in cases covered by paragraph 2, shall specifically provide: 

(a) that the garnishee shall file an answer with the clerk of the court, and

(b) the payment of funds shall not be made until fourteen(14) days after the answer has been filed.

(c) in the event there is a reply to the garnishee's answer, or if there is a claim that the garnished funds are exempt as provided by KSA 60-2310 or 60-2308, no funds shall be applied to the judgment, until further order of the court.

4. Any person receiving an overpayment shall immediately return the overpayment to the garnishee/defendant.

5. The attorney or creditor receiving payment from the garnishee shall keep adequate accounts of the payments and report all account activity to the District Court upon request or order of the Court.