Plaintiff's bond

K.S.A. 60-705 — under ATTACHMENT AND GARNISHMENT.

K.S.A. 60-705

60-705. Plaintiff's bond. (a) Form and contents. When a bond is required, the bond shall be executed by the plaintiff and one or more sufficient sureties in a sum double the amount of the plaintiff's claim, or such lesser amount as shall be approved by an order of the judge, to the effect that the plaintiff shall pay to the defendant all damages which the defendant may sustain by reason of the attachment if wrongfully obtained, or from a wrongful levy thereof if such levy was directed by the plaintiff or plaintiff's attorney. The bond shall be examined by the judge as to its sufficiency and, if approved by the judge, such approval shall be noted thereon. (b) Insufficiency. If at any time it shall be made to appear to the judge that the bond given by the plaintiff is insufficient in amount, or that any surety therein has died, or has removed from the state, or has become or is likely to become insolvent, the judge on reasonable notice to the plaintiff may order another bond and such further security to be given as shall seem necessary. If the plaintiff shall fail to comply with such order, within the time prescribed by the judge, the attachment shall be dissolved at the plaintiff's cost. History: L. 1963, ch. 303, 60-705; L. 1993, ch. 108, § 1; July 1. Source or prior law: G.S. 1868, ch. 80, § 192; L. 1870, ch. 87, § 5; L. 1909, ch. 182, § 192; R.S. 1923, 60-903. CASE ANNOTATIONS Prior law cases, see G.S. 1949, 60-903. 1. Surety on bond not liable for wrongful attachment to one not named obligee nor party to action. Fink v. Allen, 11 Kan. App. 2d 27, 711 P.2d 768 (1985). 2. Burden of proof on propriety of attachment examined; allegation of conversion and amount of proposed bond deemed insufficient. Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465, 468 (1990). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026