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Attachment Order Form. This is a Kansas form and can be use in District Court Statewide.
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Tags: Attachment Order, Kansas Statewide, District Court
(Revised 7/10)
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
Defendant’s name
Defendant’s address
Defendant
Case No. ______
Pursuant to Chapter 61 of
Kansas Statutes Annotated
ATTACHMENT ORDER
To the Sheriff or other Process Server in ____________ County, Kansas:
You are commanded to attach all real and personal property of the above-named defendant
in the 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 real or personal property sought to be attached by you is 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 such
party that you attach the same and that such third party 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: ______________
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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: ______________
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