Free PDF - Kansas

(Revised 7/05)
File Stamp Date Case Number ______ Prepared by: Filer's name, SC# Filer's address Filer's phone number {Filer's fax phone number} {Filer's e-mail address} Attorney for Plaintiff

In The District Court of ______ County, Kansas

Plaintiff's name vs.

Plaintiff

Case No. ______ Defendant's name Defendant's address Pursuant to Chapter 60 of Kansas Statutes Annotated Defendant

ATTACHMENT ORDER To the Sheriff or other Process Server: You are commanded to attach the goods, chattels, stocks, rights, credits, moneys and effects of the above-named defendant in the last above-named county, not exempt by law from being applied to the payment of the above-named plaintiff's claim, or so much thereof as will satisfy said plaintiff's claim in the sum of $______, and the further sum of $______ as the probable court costs of the above-entitled action; and you will return this writ to the undersigned on or before the ______ day of _________, ____. If the goods, chattels, stocks, rights, credits, moneys or effects sought to be attached by you are in the hands of some person other than the defendant, you shall serve a copy of this order on such third party and declare to him or her that you attach the same and that he or she is made a garnishee in accordance with the following directions to such third party: "If the officer serving this order of attachment upon you declares to you that he or she attaches any funds or property of the defendant in your hands, you are hereby made a garnishee in the above-entitled matter. "You are hereby ordered as a garnishee to file with the clerk of the above-named court, within ______ days after service of this order upon you, your answer under oath stating whether you are at the time of the service of this order upon you, and also whether at any time thereafter but before you file your answer, indebted to the defendant, or have in your possession, or control any property belonging to the defendant, and stating the amount of any such indebtedness and description of any such property. You are hereby further ordered to withhold the payment of any such indebtedness, or the delivery away from yourself of any such property, until the further order of the court. "Failure to file your answer as aforesaid shall entitle the plaintiff to judgment against you for the full amount of his or her claim and costs." ________________________________

Signature, Judge Dated: ______________

RETURN ON ATTACHMENT ORDER (MANNER OF EXECUTION) On _________, ____, at __ o'clock, __M., I received this attachment order and executed the same as follows: (1) Property Found and Attached. On ____________, ____, I went to _________ where personal property of __________, defendant, was found and there declared that, by virtue of said order of attachment and at the suit of the plaintiff, I attached the personal property of said defendant. On _________, ____, together with ______ and ______, two disinterested appraisers who are residents of this county, I made a true inventory and appraisal of the personal property attached, which inventory and appraisal is returned herewith. (2) Property in Possession of Officer. The property listed in the inventory and appraisal is now in my possession, subject to the further order of the court. (3) Bond received. On _______________, ____, I received from ______, defendant (or person in possession), with _______ and _______ as sureties thereon, a bond in the amount of $______, double the amount of the plaintiff's claim (or double the appraisal of the property) and thereafter the property attached was returned to (or left in possession of) ________. Said bond has been by me determined to be sufficient and is herewith filed with the court. (4) Third Party Declared Garnishee. On _________, ____, I went to ________ where funds, credits or other personal property of ________, defendant, was found in the hands of _________, to whom I declared that I attached any funds or property of the defendant in his or her hands, made him or her a garnishee and ordered him or her to file an answer as garnishee in this action. I also served a copy of said attachment order on such third party. (5) Property Not Found. I attempted to execute this attachment order, but was unable to locate any personal property of _______, defendant, within this county. (The officer should delete or omit those portions not applicable to the manner of executing the order.) (MANNER OF SERVICE ON DEFENDANTS) I hereby certify that I served a copy of the attachment order on the defendant _________ at the time and in the manner following, to wit: ________________________________. I was unable to locate the following defendant ____________ within this county. __________________________________ Signature, Sheriff or Process Server Dated: ______________