Kansas Garnishment Law
 

Building Erection Svcs. Co. v. Walton Construction Co.

Topeka, KS - Litigation lawyer represented defendant Walton Construction Company (Walton) and Building Erection Services Company (BESCO) over liability and damages resulting from faulty construction on the University of Kansas' Memorial Stadium.



This decision resolves the third appeal in this Odyssean litigation
between... More...
   $0 (11-27-2020 - KS)

STATE OF KANSAS v. JAMES A. VAUGHAN JR.

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On April 21, 2010, Vaughan was sentenced for his seventh driving under the influence conviction. As part of his sentence, and under a plea agreement with the State, Vaughan was ordered to pay court costs, fines, and fees.

In January 2018, while in prison o... More...
   $0 (11-23-2019 - KS)

KDL, INC. v. SINGH, LLC, SWARNJIT SINGH, and SURINDER PAL SINGH and KARAN GAMBHIR and KHAWAR ALI


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On January 28, 2015, KDL petitioned the district court for damages against the Sing... More...
   $0 (08-09-2019 - KS)

STATE OF KANSAS v. JUAN D. GARZA












On June 12, 2014, Garza and Jerrod Green, both inmates at the Hutchinson Corr... More...
   $0 (04-03-2019 - KS)

JANET S. KAELTER v. STEVEN L. SOKOL and IN RE PARENTAGE OF BENJAMIN SARBEY SOKOL, A Minor Child, by His Mother Janet Kaelter v. STEVEN L. SOKOL





The parties to this appeal have had ongoing litigation for many years over the unmarried couple's separation, division of property, and support of their now adult son. In Kaelter v. Sokol, 301 Ka... More...
   $0 (03-26-2019 - KS)

JEREMY FISHER v. ELIJAH MOORE and KEY INSURANCE CO.




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The material facts are undisputed. Fisher was injured in an automobile collision on October 19, 2011. He was a passenger in a vehicle driven by Moore ... More...
   $0 (02-04-2019 - KS)

United States of America v. Max L. Ary

Wichita, KS - The United States of America charged Max L. Ary with:

Count: 1 Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Indictment filed 4/6/05
Count: 10 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer of stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 11 Citation: 28:2461C.F ... More...
   $0 (04-01-2013 - KS)

In re Equalization Appeal of Kansas Star Casino

The Kansas Legislature enacted the Kansas Expanded Lottery Act (KELA), K.S.A. 74-8733 et seq., in 2007. KELA divided the state into four gaming zones: northeast, south central, southwest, and southeast, each of which would be allowed to have only a single gaming facility management contract. K.S.A. 2014 Supp. 74-8734(a), (d). Sedgwick County and Sumner County comprise the south central gaming zone... More...    $0 (11-20-2015 - KS)

Morton County Hospital v. Howell

A judgment, once entered, may be vacated and reconsidered on the merits if the entity against which it has been entered is able to establish excusable neglect in not challenging the judgment. Donald L. Howell was served with a petition and summons to appear in a limited actions case being brought against him by Morton County Hospital for money he allegedly owed it. Howell appeared and admitted the... More...    $0 (11-03-2015 - KS)

Cain v. Jacox

Danitra Cain appeals from the denial of her motion to recover postjudgment interest on unpaid child support judgments. The district court denied the motion holding that the doctrine of res judicata barred Cain's claim. The Court of Appeals affirmed. But we hold that because Cain was neither a party in a prior proceeding nor in privity with a party in a prior proceeding, the doctrine of res judica... More...    $0 (07-30-2015 - KS)

Cain v. Jacox

In 1998, Danitra Cain gave birth to a daughter. Within a few months of the child's birth, the Kansas Department of Social and Rehabilitation Services (SRS) commenced this action in Riley County District Court. The court found that Kendyl Jacox was the child's father and ordered him to pay child support. Soon after, having finished his collegiate football career at Kansas State University, Jacox be... More...    $0 (07-24-2015 - KS)

KIMBRA (PHILLIPS)MARTIN, Appellee, v. DANIEL PHILLIPS,

Daniel Phillips appeals the district court's enforcement of child-support orders against him based on a claim that the orders arose out of Washington state and that the claims should no longer be collectible under a 10-year Washington limitation period. But the applicable statute in both Kansas and Washington provides that in an interstate proceeding for arrearages—or overdue payments—the long... More...    $0 (04-10-2015 - KS)

Scott David v. David Hett

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our exi... More...    $0 (12-30-2011 - KS)

Robert L. Campbell v. Husky Hogs, LLC

This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court dismissed the lawsuit because there was no previously recognized exception to the terminable-at-will doctrine for discharg... More...    $0 (05-26-2011 - KS)

Curt Brockmann v. The Board of County Commissioners of the County of Shawnee

This case arises out of a heavy rain storm in Kansas that caused more than a dozen homes to be flooded with sewage water. Curt and Angie Brockmann and certain other home owners (“Plaintiffs”) initially sued L.P.’s Excavating Inc. (“L.P.’s”) and Shawnee County in Kansas state court seeking monetary damages resulting from the sewage flood of their homes. Shawnee County demanded that L.P.... More...    $0 (12-08-2010 - KS)

Shelby Moses v. Chris Halstead and Allstate Insurance Company

Shelby Moses brings this appeal, asserting that the district court erred in its choice-of-law and state-law determinations. Ms. Moses requested a garnishment order, in Kansas, against Allstate Insurance Company (“Allstate”) for its alleged negligent or bad faith refusal to settle Ms. Moses’ claim against Chris Halstead, Allstate’s insured. The district court found for Allstate, concluding ... More...    $0 (09-08-2009 - KS)

Southwestern Bell Yellow Pages, Inc. v. Brian Beadle d/b/a AAA Sewer Service

AirTran Airways, Inc. (AirTran), garnishee, appeals from the district court's denial of its motion under K.S.A. 60-260(b) to set aside a default judgment obtained by the garnishor, Southwestern Bell Yellow Pages, Inc. (SWB), under K.S.A. 61-3514 based upon AirTran's failure to answer a wage garnishment order.

The district court entered default judgment against AirTran under K.S.A. 61-3514, ... More...
   $0 (12-19-2008 - KS)

Mary Rector v. Clifford Tatham, Patricia Disque and Ruth Strickland

This appeal requires us to decide the propriety of the district court's dismissal of plaintiff Mary Rector's lawsuit against her defendant siblings to enforce the terms of a mediated settlement agreement.

The handwritten agreement at issue–evidently arrived at in hope of resolving several ongoing disputes among Rector and her brother, Clifford Tatham, and her sisters, Patricia Disque and ... More...
   $0 (11-21-2008 - KS)

American Special Risk Management Corporation v. William Cahow and Peoples Bank v. Progressive Casualty Insurance Company

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim" and the policy ... More...    $0 (09-17-2008 - KS)

Regina G. Brewer v. Jenet Schalansky, et al.

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces... More...    $0 (12-29-2004 - KS)

Greg Munson d/b/a Greg Munson Trucking v. Tri-State Commodities, Inc.

In this appeal, two creditors, Greg Munson, d/b/a Greg Munson Trucking (Munson), and the Burlington Northern and Santa Fe Railway Company (BNSF), that had judgments against Tri-State Commodities, Inc. (Tri-State), are competing for the same garnished funds. First, Munson successfully sued Tri-State and obtained a judgment against it. Later, Tri-State was sued by the BNSF and, in settling this l... More...    $0 (10-20-2004 - KS)

Stephanie J. Vanover v. Edward J. Vanover

In this garnishment action, Stephanie J. Vanover garnished funds owing by Edward J. Vanover. The funds were owed to Stephanie from unpaid judgments for attorney fees, alimony, and child support. Stephanie was successful, and Edward appeals.

In 1976, Edward and Stephanie were divorced. At that time, Edward was ordered to pay $150 per month in child support and $50 in spousal maintenance. ... More...    $0 (12-31-2002 - KS)

Johnson v. Westhoff Sand Co., Inc.

In this garnishment proceeding Mid-Continent Casualty Company (Mid-Continent) appeals from the entry of judgment in favor of the garnishors, J. Michelle Johnson and Alan L. Johnson, who earlier had obtained a default judgment of $2,268,784.52 against Mid-Continent's insured, Westhoff Sand Company, Inc. The underlying Mid-Continent policy provided $1,000,000 in liability coverage. The district cour... More...    $2268785 (02-07-2003 - KS)

Liggatt v. Employers Mut. Casualty Co.

Passenger Janet Hathaway filed a tort action against driver Gale Liggatt for injuries she sustained in a one vehicle motorcycle accident. Liggatt's insurer, Employers Mutual Casualty Company (EMC), denied coverage and refused to defend based upon a specific policy exclusion for a vehicle with less than four wheels. Hathaway's garnishment action against EMC based upon a consent judgment and Liggatt... More...    $676846 (05-31-2002 - KS)

Decker & Mattison Co. v. Wilson, et al.

Decker & Mattison Co., Inc., (D & M) appeals the district court's decision to quash the garnishment of Charles Wilson's certificate of deposit (CD). D & M argues the court erred when it determined that proceeds from a workers compensation settlement used to purchase the CD were exempt from garnishment under K.S.A. 2001 Supp. 60-2313(a)(3) and K.S.A. 44-514.

The facts in this case are straig... More...    $0 (04-19-2002 - KS)

United States v. Vickie Distefano

Vicki Distefano appeals from the district court's order granting summary judgment to the United States of America.(1) The United States, acting through its agency the Department of Education (DOE), brought this action seeking to recover on defaulted student loans made to Ms. Distefano under federally funded loan programs authorized under Title IV-B of the Higher Education Act of 1965, 20 U.S.C. §§... More...    $0 (02-13-2002 - KS)

Denise I. Ray, individually, and as the parent and natural guardian of Lisa M. Ray, and as the parent and natural guardian of Billie J. Ray v. John W. Caudill

Automobile Accident - Insurance - The plaintiff's husband/father was killed in an automobile accident while in the course of his employment as a truck driver. The defendant was the driver of the other vehicle. The plaintiffs and defendant agreed on a $2,000,000 settlement and judgment was entered. State Farm would pay $50,000 policy limit for the defendant. Plaintiffs filed garnishment against... More...    $300000 (03-05-1999 - KS)

Barbara Wardrip v. Dillis L. Hart, M.D. v. Continenta Insurance Company

Garnishment action by medical malpractice judgment creditor against defendant doctor's insurance carrier. In the underlying action, a jury awarded $900,000 in compensatory damages and determined that punitive damages were appropriate. The district court adjusted the actual damages to $850,000 and awarded Wardrip $200,000 in punitive damages. Continental paid Wardrip $850,000 but refused to pay ... More...    $0 (11-03-1998 - KS)

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