Two Types of Garnishment in Kansas: Wage vs. Non-Wage (Bank/Property) Garnishment
After obtaining a money judgment in a Kansas district court (whether under Chapter 60 or Chapter 61), the primary post-judgment enforcement tool is an Order of Garnishment governed by K.S.A. 60-729 through 60-740 (and K.S.A. 61-3501 et seq. for limited actions). Kansas law strictly separates garnishments into two statutory categories, each using distinct Judicial Council forms:
1. Garnishment of Earnings (Wage Garnishment — K.S.A. 60-734): Directed to the judgment debtor's employer (the garnishee), creating a continuing lien on non-exempt disposable earnings (generally capped at 25% of disposable weekly earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage under K.S.A. 60-2310) until the judgment is satisfied or employment terminates.
2. Garnishment of Other Than Earnings (Non-Wage / Bank Account Garnishment — K.S.A. 60-733): Directed to a bank, credit union, brokerage, or third party holding funds or intangible property belonging to the judgment debtor. Under K.S.A. 60-733(c), an order of garnishment attaching intangible property other than earnings attaches at the time the order is served on the garnishee and captures all non-exempt funds held between the time of service and the time the garnishee files its Answer.
Who Can Serve an Order of Garnishment in Kansas? (K.S.A. 60-736 & 61-3507)
Under K.S.A. 60-736(a) and K.S.A. 61-3507(a), an Order of Garnishment must be served on the garnishee in the same manner as a summons under Article 3 of Chapter 60 (which includes personal service by a process server or sheriff, or return receipt delivery), together with two copies of the Garnishee's Answer form.
Why do judgment creditors prefer personal hand delivery by a private process server over certified mail when serving a bank or employer garnishment? Timing and priority! Under K.S.A. 60-733(c), a bank garnishment attaches the exact moment the Order of Garnishment is served on the financial institution. If a bank garnishment is sent by mail, several days pass in transit while the debtor may withdraw funds. When our process server hand-delivers the Order of Garnishment directly to the bank's designated branch manager or its Topeka/Wichita registered agent (such as C T Corporation System or CSC), the account freeze is triggered immediately upon hand delivery.
Need This Served Anywhere in Kansas?
Upload your PDF pleadings online for Standard ($65), Rush ($110), or Same-Day ($160) service across all 105 Kansas counties.
Special Rules for Serving Financial Institutions & Employer Payroll Departments
Kansas statutes contain specific rules for serving financial institutions as garnishees under K.S.A. 60-733(b): if the garnishee is a bank, savings and loan association, credit union, or finance company, and the order of garnishment is to be served at a branch or office, service must be made on the registered agent or at a branch/office in accordance with K.S.A. 60-304(e) (by delivering to an officer, branch manager, or person in charge of the business office).
Note on Administrative Garnishment Fees: Under K.S.A. 60-733(f) (for bank garnishments) and K.S.A. 60-734(c) (for wage garnishments), the garnishee does not require an advance check at the time of service; instead, the bank or employer is authorized by statute to deduct a modest administrative processing fee ($10 to $20 as prescribed by statute) directly from the garnished funds or debtor's account.
Mandatory Service of the Notice to Judgment Debtor & Hearing Request Form (K.S.A. 60-735)
Serving the garnishee bank or employer is only half of the statutory requirement! Under K.S.A. 60-735(a), immediately following the time the Order of Garnishment is served on the garnishee, the judgment creditor MUST cause a copy of the Order of Garnishment and the statutory 'Notice to Judgment Debtor' (explaining federal and Kansas exemptions such as Social Security, VA benefits, unemployment, or head-of-family protections, along with a Request for Hearing form) to be served on the judgment debtor.
Under K.S.A. 60-735(a), the Notice to Judgment Debtor may be served in any manner permitted by K.S.A. 60-205 (including first-class mail to the debtor's last known address or personal delivery). For Hearing in Aid of Execution orders (Debtor's Examinations under K.S.A. 60-2419 or K.S.A. 61-3604), however, the order commanding the debtor to appear in court to testify about their assets MUST be served personally or via K.S.A. 60-303 summons methods—otherwise the court cannot issue a bench warrant for contempt if the debtor fails to appear.
Timing Bank Levies and Employer Garnishments Across Kansas
Under K.S.A. 60-733(c), a non-wage bank garnishment captures all non-exempt funds held by the financial institution from the exact moment the Order of Garnishment is served until the garnishee files its statutory Answer (within 14 days after service under K.S.A. 60-733(e)). Because timing is critical to prevent asset dissipation, many Kansas collection attorneys schedule Same-Day ($160) or Rush ($110) garnishment service on Thursday or Friday mornings—or on the 1st and 15th of the month—when payroll deposits and commercial receivables clear the debtor's bank account.
Once the garnishee bank or employer is served, our server immediately provides the executed K.S.A. 60-312 Return of Service so counsel can promptly serve the mandatory K.S.A. 60-735 Notice to Judgment Debtor and Hearing Request form.