Dissolution of attachment; hearing

60-712. Dissolution of attachment; hearing. (a) Motion to dissolve, how made. In all cases where property, effects or credits shall be attached, any interested person may file a motion to dissolve the attachment, verified by affidavit, putting in issue the sufficiency of the proceedings, the defendant's or other person's claim of exemption as to any property which has been attached, or the truth of the facts alleged in the affidavit on which the attachment was issued. The court shall hold a hearing on the motion within seven days after the receipt thereof. The burden of proof shall be on the party seeking the attachment except as to any claim of exemption. (b) Amendments. The judge may in the interest of justice, permit amendments to the petition or the affidavit, including the specification of additional grounds for attachment. History: L. 1963, ch. 303, 60-712; L. 1977, ch. 202, § 6; L. 2010, ch. 135, § 160; July 1. Source or prior law: (a). G.S. 1868, ch. 80, §§ 228, 229; L. 1909, ch. 182, §§ 219, 220; R.S. 1923, 60-931, 60-932. Law Review and Bar Journal References: "Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51, 57 (1967). "Civil Procedure: Kansas Prejudgment Attachment and the Due Process Clause," Scott J. Gunderson, 17 W.L.J. 163, 171 (1977). "Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 187 (1979). CASE ANNOTATIONS Prior law cases, see G.S. 1949, 60-931, 60-932. 1. Kansas attachment procedure held unconstitutional; violation of due process; reasons. Hillhouse v. City of Kansas City, 221 Kan. 369, 378, 380, 559 P.2d 1148. 2. Cited in action involving attachment of household goods. Nohinek v. Logsdon, 6 Kan. App. 2d 342, 628 P.2d 257 (1981). 3. Cited; rebuttable presumption of ownership in joint accounts, damages for wrongful retention of funds discussed. Miller v. Clayco State Bank, 10 Kan. App. 2d 659, 664, 708 P.2d 997 (1985). 4. 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