Free Earnings Garnishment in PDF - Kansas

GARNISHMENT PROCEEDINGS FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY EARNINGS GARNISHMENTS A GARNISHMENT CANNOT BE ISSUED BEFORE 10 BUSINESS DAYS FOLLOWING THE DATE OF JUDGMENT. THIS IS THE AMOUNT OF TIME THE JUDGMENT DEBTOR HAS TO FILE AN APPEAL. EARNINGS GARNISHMENT: You m ust fill out the forms before filing with the Clerk. Information you will need includes case title, case number, names and addresses of all parties, including the em ployer. It may be helpful to refer to the list of term s at the end of this document. There is a $5.00 fee, payable to the Sheriff where the papers are to be served. T File w ith the Clerk of the D istrict Court: Form Form Form Form #1 #2 #3 #4 - Request for Garnishment - Order of Garnishment - Answ er of Garnishee - Instructions to Garnishee 1 original 1 original and 1 copy 1 original 1 original

The Clerk of the District Court will issue the garnishment papers to whomever you indicated on your Request for Garnishment (usually the sheriff). The person delivering the papers to the garnishee (employer) must file a return with the Clerk, indicating when and how the garnishee received the papers. The Clerk of District Court will send a copy to you. T When you receive the Return of Service that says the garnishee was served, you must m ail by first class mail to the judgment debtor the follow ing do cum ents: Form #5 - Notice to the Judgment Debtor Form #6 - Request for Hearing Form #7 - Certificate of Service You should receive the completed Answ er of Garnishee from the employer within 15 days following the end of each month. The garnishee may indicate the following: 1. Judgment debtor is not employed by garnishee 2. Judgment debtors employment was terminated by garnishee T If this happens, you m ust file with the C lerk of the D istrict Court: Form #8 -Release of Garnishment The garnishee may return to you the Answ er of Garnishee statin g the am ount of money held 15 days following the end of the month. If the garnishee, within 10 days of mailing the Answer to you, does not receive notice that the withholding is being contested, the money being held will be sent to you. The monthly Answ er of Garnishee and any money will be sent to you (not the Clerk of the District Court).

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THIS GARNISHMENT WILL REMAIN IN EFFECT UNTIL THE JUDGMENT IS PAID OR UNTIL THE JUDGMENT DEBTOR IS NO LONGER EMPLOYED BY THE GARNISHEE.

YOU M UST KEEP AN ACC OUNT ING OF MO NEY RE CEIVED, INTEREST ACCRUED AND BALANCE DUE. The Court may require you to produce your records in the event that an objections is filed to the garn ishm ent or Answer of G arnishee. A sample accounting form is attached for your convenience. (Form 9)

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Once the judgment has been paid, you are required by law to file with the Clerk of the District Court: Form #10 - Satisfaction of Judgment and/or Form # 8 - Release of Garnishment

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YOU MUST ALSO MAIL COPIES TO THE GARNISHEE.

FORM PACKET ATTACHED: 1. Request for Garnishment 2. Order of G arnishm ent w/return 3. Answer of Garnishee 4. Instructions to Garnishee 5. Notice to the Judgment Debtor 6. Request for Hearing 7. Certificate of Service 8. Release of Garnishment 9. Accounting F orm 10. Satisfaction of Judgment TERM S: Judgment Creditor - person to whom money is owed Judgment Debtor - person who owes money Litigant - person who is participating in a legal action Clerk - Clerk of the D istrict Court Garnishee - emp loyer of person who owes you money

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